Lyons v. Folsom Mercy Hospital

Filing 32

ORDER signed by Magistrate Judge Kendall J. Newman on 12/8/2011 in response to plaintiff's 29 request for status and notification that attempted service on defendant Officer Lang was ineffective. (See order for further details)(Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BART LYONS,

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Plaintiff,

No. 2:11-cv-0268 KJN P

vs.
FOLSOM MERCY HOSPITAL, et al.,

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Defendants.

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ORDER
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Plaintiff has filed a request for status, after filing a notice of change of address,

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and after receiving notification that attempted service on defendant Officer Lang was ineffective.

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The other two defendants remaining in this action, Folsom Police Officers Browning and Lewis,

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have each waived service of process, and together filed an answer to the complaint.

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The court duly notes plaintiff’s change of address, to the California Conservation

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Center. Relative to serving defendant Lang, plaintiff states that he has no way of verifying that

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“Lang” is the name of the officer who was acting as Browning’s partner on the date of the

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challenged incident, January 26, 2010. Plaintiff may obtain this information through the

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discovery process. Alternatively, counsel for defendants may simply provide the requisite

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information to plaintiff. If necessary, plaintiff may thereafter seek leave to file an amended

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complaint.
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There is no action required by the court at the present time. By separate order, the

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court will set a schedule for conducting discovery and filing dispositive motions in this case.

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DATED: December 8, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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lyon0268.misc.2

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