Coats v. Chaudhri et al

Filing 76

ORDER requiring Defendant, Fairchild to SHOW CAUSE within 30-Days why default should not be entered 74 signed by Magistrate Judge Barbara A. McAuliffe on 6/14/2018. Show Cause Response due by 7/18/2018.(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIAM THOMAS COATS,

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Plaintiff,

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Case No. 1:13-cv-02032-AWI-BAM (PC)
ORDER REQUIRING DEFENDANT
FAIRCHILD TO SHOW CAUSE WITHIN
THIRTY DAYS WHY DEFAULT SHOULD
NOT BE ENTERED

v.
CHAUDHRI, et al.,

(ECF No. 74)

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Defendants.
THIRTY (30) DAY DEADLINE

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Plaintiff William Thomas Coats (“Plaintiff”) is a state prisoner proceeding pro se and in

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forma pauperis in this civil rights action under 42 U.S.C. § 1983. Plaintiff initiated this action on

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December 12, 2013. Following screening of the complaint, the Court found that Plaintiff stated

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claims against John Doe emergency medical staff at the prison for deliberate indifference to

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serious medical needs in violation of the Eighth Amendment. (ECF No. 10.) On September 21,

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2017, Plaintiff identified the John and Jane Doe Defendants as: RN Fairchild, RN A. Gundran,

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RN Gladden, Dr. Nguyen, and Dr. Convalecer. (ECF No. 47.) The Court ordered the United

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States Marshal to initiate service of process on these defendants on November 6, 2017. (ECF No.

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57.)

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On November 13, 2017, the Marshal mailed waivers of service of summons to all

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Defendants. On January 11, 2018, the Marshal filed executed waivers of service for Defendants

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Gladden and Nguyen. (ECF No. 65.) The Marshal filed returns of service unexecuted as to
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Defendants Convalecer and Gundran, (ECF Nos. 63, 64), and on February 12, 2018, the Court

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ordered the Marshal to attempt re-service on these defendants, (ECF No. 70).

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On January 12, 2018, Defendants Gladden and Nguyen timely filed a motion for more

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definite statement. (ECF No. 66.) Defendants Convalecer and Gundran joined in the motion on

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March 23, 2018, (ECF No. 71), and waivers of service were returned for these defendants shortly

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thereafter, (ECF No. 72).

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On June 1, 2018, a waiver of service was returned for Defendant Fairchild, signed by

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counsel John C. Bridges. (ECF No. 74.) As noted above, the waiver was mailed to Defendant

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Fairchild on November 13, 2017 together with the waivers for the other defendants. Pursuant to

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Federal Rule of Civil Procedure 4(d)(3), Defendant Fairchild’s answer or response to the

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complaint was due on or before January 12, 2018. As of the date of this order, Defendant

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Fairchild has not attempted to join in the pending motions for more definite statement filed by the

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remaining defendants, responded to the complaint, or otherwise communicated with the Court.

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Accordingly, it is HEREBY ORDERED that within thirty (30) days from the date of

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service of this order, Defendant Fairchild shall show cause why default should not be entered

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against her.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

June 14, 2018

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

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