(A) General. The clerk will electronically generate and docket the summons or, if applicable, an alias summons or pluries, and "Order Setting Scheduling Conference and Establishing Procedures and Deadlines" and transmit it to the plaintiff, who must serve it together with the complaint, on all defendants in accordance with the federal and local rules. The electronic summons is a valid summons, signed, sealed and issued by the clerk. The clerk shall issue an alias or pluries summons upon receipt of a notice of non-service and request for issuance of alias summons, and a third-party summons, when applicable. Requests for issuance of an alias or pluries summons that will require resetting a new scheduling conference date will be considered in accordance with subdivision (B) of this Rule.
(B) Alias or Pluries Summons. A request for issuance of an alias or pluries summons that would provide for an answer deadline of less than 30 days prior to the date of the original scheduling conference must be accompanied by a motion to continue the scheduling conference to a date such that the answer shall be due not later than 30 days prior to the proposed date of the new scheduling conference. The court shall either set the motion for hearing or enter an order directing the clerk to issue an alias or pluries summons which shall include a new scheduling conference date that provides for an answer deadline of no later than 30 days before the date of the scheduling conference.
☞ 2022 Amendment: Local Rule 7004-2 is amended as Interim Local Rule 7004-2 to conform to revisions to court's forms "Order Setting Scheduling Conference and Establishing Procedures and Deadlines" and "Order Setting Filing and Disclosure Requirements for Pretrial and Trial. (See Administrative Order 2022-02). |