Derek Wardlaw v. Marino et al

Filing 50

ORDER TO SHOW CAUSE by Magistrate Judge Karen E. Scott. On or before June 26, 2017, Plaintiff is hereby ordered to either (1) file a status report identifying the correct defendant who was initially named in Plaintiff's TAC as Marino, if he was able to identify that defendant through the subpoena responses, or (2) show cause as to why he still cannot identify the correct defendant, or (3) file a voluntary dismissal of Defendant Marino without prejudice. (jdo)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. 2:16-cv-03840-JAK-KES

Date: May 25, 2017

Title: Derek Wardlaw v. Marino, et al.
PRESENT:
THE HONORABLE KAREN E. SCOTT, U.S. MAGISTRATE JUDGE
Jazmin Dorado
Courtroom Clerk

Not Present
Court Reporter

ATTORNEYS PRESENT FOR PLAINTIFF:
None Present

ATTORNEYS PRESENT FOR DEFENDANT:
None Present

PROCEEDINGS (IN CHAMBERS):

ORDER to show cause why the correct
defendant has not been identified

On April 11, 2017, the Court served a modified version of Plaintiff’s
proposed subpoena on the Los Angeles County Sheriff’s Department (“LASD”).
(Dkt. 46.) As relevant here, Plaintiff’s subpoena sought documents that may assist
Plaintiff in identifying the correct defendant named in Plaintiff’s Third Amended
Complaint (“TAC”) as “Marino.”1 (Id.) Plaintiff’s modified subpoena requested
shift in-service documents for May 7, 2014 through May 17, 2014 and May 21,
2014 through June 12, 2014, showing which officers worked on the 6th Floor of
Tower One of the Twin Towers Correctional Facility (where Plaintiff was housed
during that time period). Plaintiff’s subpoena requested a response within fourteen
days of service. The Court also ordered that any objections to the subpoena be
served on Plaintiff and filed with the Court. (Id. at 2.)
The Court received a return receipt indicating that LASD’s Civil Litigation
Unit received the subpoena and accompanying Court Order. As of the date of this
Order, LASD has not notified the Court that it objects to the subpoena, nor has
Plaintiff notified the Court that he has not received subpoena responses. The Court
therefore assumes that Plaintiff has received the shift in-service documents
1

Plaintiff’s subpoena also sought video footage from the dates and locations where the
constitutional violations alleged in his TAC took place.

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. 2:16-cv-03840-JAK-KES

Date: May 25, 2017
Page 2

requested.
On or before June 26, 2017, Plaintiff is hereby ordered to either (1) file a
status report identifying the correct defendant who was initially named in
Plaintiff’s TAC as “Marino,” if he was able to identify that defendant through the
subpoena responses, or (2) show cause as to why he still cannot identify the correct
defendant, or (3) file a voluntary dismissal of Defendant “Marino” without
prejudice. The Clerk of Court shall please attach a blank Notice of Dismissal form
to this Order.

Initials of Deputy Clerk JD

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CASE NUMBER

Plaintiff(s),

v.

Defendant(s).

NOTICE OF DISMISSAL PURSUANT
TO FEDERAL RULES OF CIVIL
PROCEDURE 41(a) or (c)

PLEASE TAKE NOTICE: (Check one)
G This action is dismissed by the Plaintiff(s) in its entirety.
G The Counterclaim brought by Claimant(s)
dismissed by Claimant(s) in its entirety.

is

G The Cross-Claim brought by Claimants(s)
dismissed by the Claimant(s) in its entirety.

is

G The Third-party Claim brought by Claimant(s)
dismissed by the Claimant(s) in its entirety.

is

G ONLY Defendant(s)
is/are dismissed from (check one) G Complaint, G Counterclaim, G Cross-claim, G Third-Party Claim
brought by

.

The dismissal is made pursuant to F.R.Civ.P. 41(a) or (c).

Date

Signature of Attorney/Party

NOTE: F.R.Civ.P. 41(a): This notice may be filed at any time before service by the adverse party of an answer or of a motion for
summary judgment, whichever first occurs.
F.R.Civ.P. 41(c): Counterclaims, cross-claims & third-party claims may be dismissed before service of a responsive
pleading or prior to the beginning of trial.

CV-09 (03/10)

NOTICE OF DISMISSAL PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 41(a) or (c)