Lyons v. Folsom Mercy Hospital

Filing 37

ORDER signed by Magistrate Judge Kendall J. Newman on 1/5/2012 ORDERING that defense counsel shall, within 14 days, provide plaintiff with the information necessary to serve process on defendant Lang, or serve a written statement why such information is unavailable; the clerk is to send plaintiff one USM-285 forms; within 28 days, plaintiff shall complete and return the Notice of Submission with the required documents; alternatively, plaintiff shall within 28 days, show good cause in writing why he cannot provide the necessary information for service. (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. 2:11-0268 GEB KJN P

vs.
FOLSOM MERCY HOSPITAL, et al.,
Defendants.

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ORDER
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On December 15, 2011, the United States Marshal filed a notice that service of

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process could not be made on defendant Lang, because “defendant named is unknown.” (Dkt.

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No. 35.) As the court previously noted, by order filed December 9, 2011, plaintiff must provide

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additional information to serve defendant Lang; the information may be sought informally, or

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through discovery. (Dkt. No. 32.) Plaintiff may also attempt to obtain such information through

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the California Public Records Act. See Calif. Gov’t. Code §§ 6250, et seq. However, because

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defendants Browning and Lewis have been served process in this action, defense counsel is

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hereby directed to provide the requisite information to plaintiff, forthwith, if such information is

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reasonably available from defendants Browning or Lang. If plaintiff’s access to the required

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information is denied or unreasonably delayed, by any reasonable source, plaintiff may request

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further judicial intervention.
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Accordingly, IT IS HEREBY ORDERED that:

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1. Defense counsel shall, within fourteen days, provide plaintiff with the

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information necessary to serve process on defendant Lang, or serve and file a written statement

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why such information is unavailable.

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2. The Clerk of the Court is directed to send plaintiff one USM-285 form;

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3. Within twenty-eight days from the date of this order, plaintiff shall complete

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and submit the attached Notice of Submission of Documents to the court, with the following

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documents:

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a. One completed USM-285 form for defendant Lang;

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b. Two copies of the endorsed amended complaint filed March 8, 2011

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(Dkt. No. 10); and

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c. One copy of the summons.

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4. Alternatively, plaintiff shall, within twenty-eight days from the date of this

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order, show good cause in writing why he cannot provide the information necessary to serve

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process on defendant Lang. Failure to obtain such information may result in a recommendation

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that Lang be dismissed from this action.

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DATED: January 5, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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lyon0268.8e

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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. 2:11-0268 GEB KJN P

FOLSOM MERCY HOSPITAL, et al.,

NOTICE OF SUBMISSION

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vs.

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Defendants.

OF DOCUMENTS

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/

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Plaintiff hereby submits the following documents in compliance with the court’s
order filed

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completed summons form

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completed USM-285 form

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copies of the Amended Complaint

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Date
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Plaintiff