Trueman v. Hawaii, State of et al

Filing 34

ORDER granting 33 Motion for the court's assistance in obtaining the names and addresses of the defendants (Unknown Avena, Jason Johnson, and Unknown Molina). The court further finds and ORDERS that plaintiff shall be allowed to conduct limited discovery as indicated in this order. Plaintiff shall have thirty (30) days from the date of entry of this order within which to serve and file his written questions. If plaintiff does not comply with the time frame herein for commencing this limited discovery, this case shall be dismissed "without prejudice," subject to any statute of limitations defense. Signed by Judge Robert C Broomfield on 3/12/12. (see order for full details)(DMT)

1

WO

2
3
4
5
6
7

IN THE UNITED STATES DISTRICT COURT

8

FOR THE DISTRICT OF ARIZONA

9
10
11
12
13
14
15
16
17

James K. Trueman,

)
)
Plaintiff,
)
)
vs.
)
)
Jason Johnson, Unknown Avena, )
and Unknown Molina,
)
)
Defendants.
)
)

No. CIV 09-2179-PHX-RCB(DKD)
O R D E R

18
19

Currently pending before the court is a motion by plaintiff

20 pro se, James K. Trueman, “requesting” the court’s “assist[ance]”
21 in “obtain[ing] the names and addresses of the defendants [Unknown
22 Avena, Jason Johnson, and Unknown Molina] from Compass Group USA,
23 Inc. d/b/a[] Canteen Correctional Services [“CCS”] for service of
24 process[.]” Pl.’s Mot. (Doc. 33) at 1 (emphasis omitted).
25 Obviously there has not been, nor will there be, any response by
26 these as yet unserved defendants.

The court thus will proceed to

27 resolve this matter based upon plaintiff’s motion and the prior
28 proceedings herein.

1

Background

2

In determining whether to grant an extension of time to serve

3 under Fed.R.Civ.P. 4(m), this court “[e]ngag[ed] in the two-step
4 analysis which the Ninth Circuit requires[.]” Ord. (Doc. 32) at
5 2:2-3 and at 6:6-7 (internal quotation marks and citation omitted).
6 After so doing, on December 21, 2011, the court granted plaintiff
7 sixty days from the date of that order, i.e., or until February 19,
8 2012, in which to “conduct discovery for the limited purpose of
9 ascertaining . . . the full names and . . . the addresses of” the
10 three defendants identified above.

Id. at 17:11-16.

Additionally,

11 the court required plaintiff “[w]ithin that sixty day time frame”
12 to “file with the court a notice indicating either: (1) that he has
13 ascertained the names of defendants and their addresses; (2) or
14 that he has not.”

Id. at 17:16-19.

Following the provision of

15 those names and addresses, the court indicated that it would “issue
16 an order directing service.”
17

Id. at 17:21.

Plaintiff has been unable to ascertain those names and

18 addresses, despite having written “a letter to [CCS] requesting”
19 that information.

Pl.’s Mot. (Doc. 33) at 1, ¶ 1.

Plaintiff

20 claims that he was “told that they [the three unserved defendants]
21 [are] ‘no longer are employees for [CCS].’” (emphasis in original).
22 It is unclear as to when that letter was written and the response
23 received, as plaintiff did not provide a copy of either.

In any

24 event, given CCS’ purported response, plaintiff now claims to be
25 “at [a] los[s] as to how [to] comply with” this court’s prior
26 order.

Id. at 1, ¶ 2.

Given that plaintiff filed the pending

27 motion, setting forth his efforts in conducting the allowed
28 discovery, within the 60 day time frame, the court finds that he

-2-

1 has complied with this court’s prior order in terms of timely
2 notification.
3

The court further finds and ORDERS that plaintiff shall be

4 allowed to conduct limited discovery as follows:
5

(1) in accordance with Fed.R.Civ.P. 31, as modified by this

6 order, plaintiff may take the deposition by written questions of
7 Canteen Correctional Services, through its corporate parent, the
8 Compass Group;
9

(2) plaintiff shall be strictly limited to seeking from that

10 entity the full names and the last known home addresses or
11 locations of defendants Unknown Avena; Jason Johnson; and Unknown
12 Molina;
13

(3) plaintiff shall have thirty (30) days from the date of

14 entry of this order within which to serve and file his written
15 questions;
16

(4) within that same thirty (30) day time frame, plaintiff

17 shall also “deliver to the officer[,]” herein designated, i.e., the
18 Electronic Court Recorder/Courtroom Deputy for this court, “a copy
19 of all the questions served[.]”

See Fed.R.Civ.P. 31(b).

That

20 officer shall then fully comply with Fed.R.Civ.P. 31(b) in its
21 entirety.

In that regard, if Canteen Correctional Services,

22 through its corporate parent, the Compass Group, deems it be more
23 expeditious to respond telephonically,1 that can be arranged;
24

(4) regardless of the manner provided, defendants’ home

25 addresses or locations shall be placed under seal with the court;
26

(5) when it appears to the court that the discovery which this

27
28

1

This provision is included because Canteen Correctional
Services’ corporate headquarters is in North Carolina.
-3-

1 order permits has been completed, it shall issue an order directing
2 service;
3

(6) if plaintiff does not comply with the time frame herein

4 for commencing this limited discovery, this case shall be dismissed
5 “without prejudice,” subject to any statute of limitations defense.
6

DATED this 12th day of March, 2012.

7
8
9
10
11
12
13
14
15
16
17
18
19
20 Copies to counsel of record and plaintiff pro se
21
22
23
24
25
26
27
28

-4-