Santellano v. Macy's of California et al

Filing 12

SECOND ORDER OF SERVICE; DIRECTIONS TO CLERK to issue summons to Officer Troy Johnsen. Defendant must file and serve dispositive motion no later than 5/14/2014. Signed by Judge Nathanael Cousins on 2/12/14. (Attachments: # 1 Certificate/Proof of Service)(lmh, COURT STAFF) (Filed on 2/12/2014)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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No. C 13-4551 NC (PR)

PAUL SANTELLANO,
Plaintiff,
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v.
11 OFFICER TROY JOHNSEN,

United States District Court
For the Northern District of California

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SECOND ORDER OF SERVICE;
DIRECTIONS TO CLERK

Defendant.

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On October 2, 2013, Plaintiff, a California prisoner then incarcerated at the Santa

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Clara County Jail and proceeding pro se, filed the above-titled civil rights action pursuant to

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42 U.S.C. § 1983. Plaintiff has since informed the Court that he has been released from jail

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and is residing in San Jose, California. Plaintiff has been granted leave to proceed in forma

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pauperis, pursuant to 28 U.S.C. § 1915, in a separate order.

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In its order filed December 6, 2013, the Court found that Plaintiff's amended

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complaint stated cognizable claims for excessive force and deliberate indifference to serious

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medical needs against Defendant Santa Clara Police Officer Troy Johnsen, and ordered the

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Clerk of the Court to send the amended complaint and a request for waiver of service to

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Officer Johnsen.

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Although the Santa Clara Police Department issued a return receipt dated December

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16, 2013 (docket no. 9), Officer Johnsen has not yet returned a waiver of service and has

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not otherwise appeared in this matter. It therefore appears that Defendant Officer Johnsen

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remains unserved. Because Plaintiff is proceeding in forma pauperis, he is entitled to service

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by the United States Marshal. Fed. Rule Civ. P. 4(c)(3).
Good cause appearing therefor, the Court directs the Clerk to issue a summons and the

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United States Marshal to serve, without prepayment of fees: (1) the summons; (2) a copy of

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the complaint, the amended complaint and all attachments thereto (docket nos. 1, 6); (3) a

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copy of the Court’s December 6, 2013 order of service (docket no. 8); (4) a copy of this

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order; and (5) a Magistrate Judge jurisdiction consent form upon Officer Troy Johnsen at

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the Santa Clara Police Department. The Clerk is further directed to mail a courtesy copy

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of the complaint, amended complaint, the Court’s December 6, 2013 order, and this order to

United States District Court
For the Northern District of California

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the Santa Clara City Attorney’s Office. Additionally, the Clerk must mail a copy of this

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order to Plaintiff.

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Defendant shall file a motion for summary judgment or other dispositive motion with

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respect to the claims found to be cognizable in the amended complaint. The Court now sets

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the following new briefing schedule for dispositive motions, which extends the deadlines so

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that there will be time afforded to serve Defendant:
1.

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Defendant must file and serve his dispositive motion no later than May 14,

2.

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Plaintiff must file and serve on defense counsel his opposition to the

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dispositive motion no later than June 11, 2014.

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3.

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Apart from the schedule, briefing must proceed in accordance with the instructions set

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Defendant must file and serve his reply brief no later than June 25, 2014.

forth in the Court’s December 6, 2013 order.

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IT IS SO ORDERED.
DATED: February 12, 2014
NATHANAEL M. COUSINS
United States Magistrate

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