Williams v. Corizon Medical Provider et al

Filing 24

ORDER OF SERVICE re 16 Amended Complaint filed by Michael A. Williams. Signed by Judge James Donato on 5/31/16. (lrcS, COURT STAFF) (Filed on 5/31/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL A. WILLIAMS,
Plaintiff,

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GOYAT, et al.,
Defendants.

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United States District Court
Northern District of California

ORDER OF SERVICE

v.

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Case No. 15-cv-01593-JD

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Plaintiff, a state prisoner, proceeds with a pro se civil rights complaint under 42 U.S.C. §

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1983. The Court ordered service on Defendants Dr. Goyat and Dr. Armbruro who work at Santa

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Rita Jail and according to Plaintiff are employed by Corizon Correctional Healthcare. The United

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States Marshal initiated service at Corizon’s regional office in Alameda, CA. An attorney for

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Corizon sent a letter to the Court stating that no one at the regional office was authorized to

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receive service for these doctors. The Court then sent a Notice of Lawsuit and Request for Waiver

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of Service of Summons to Defendants at Santa Rita Jail, however no response has been received.

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Because more time has passed and no defendant has been served, the Court orders the United

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States Marshal to serve the defendants at Santa Rita Jail. The Court anticipates that defendants

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will not obstruct or further delay service.

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Therefore, the Court orders as follows:

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1.

The clerk shall issue a summons and the United States Marshal shall serve, without

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prepayment of fees, copies of the second amended complaint with attachments and copies of this

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order on the following defendants: Dr. Goyat and Dr. Armbruro at Santa Rita Jail. The Clerk

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shall also mail a copy of this Order to Matthew Grigg, Law Offices of Nancy Hudgins, 711 Van

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Ness Ave., St. 450, San Francisco, CA 94102.

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2.

In order to expedite the resolution of this case, the Court orders as follows:
a.

No later than sixty days from the date of service, defendant shall file a

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motion for summary judgment or other dispositive motion. The motion shall be supported by

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adequate factual documentation and shall conform in all respects to Federal Rule of Civil

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Procedure 56, and shall include as exhibits all records and incident reports stemming from the

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events at issue. If defendant is of the opinion that this case cannot be resolved by summary

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judgment, he shall so inform the Court prior to the date his summary judgment motion is due. All

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papers filed with the Court shall be promptly served on the plaintiff.

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b.

At the time the dispositive motion is served, defendant shall also serve, on a

separate paper, the appropriate notice or notices required by Rand v. Rowland, 154 F.3d 952, 953-

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United States District Court
Northern District of California

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954 (9th Cir. 1998) (en banc), and Wyatt v. Terhune, 315 F.3d 1108, 1120 n. 4 (9th Cir. 2003).

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See Woods v. Carey, 684 F.3d 934, 940-941 (9th Cir. 2012) (Rand and Wyatt notices must be

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given at the time motion for summary judgment or motion to dismiss for nonexhaustion is filed,

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not earlier); Rand at 960 (separate paper requirement).

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c.

Plaintiff’s opposition to the dispositive motion, if any, shall be filed with

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the Court and served upon defendant no later than thirty days from the date the motion was served

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upon him. Plaintiff must read the attached page headed “NOTICE -- WARNING,” which is

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provided to him pursuant to Rand v. Rowland, 154 F.3d 952, 953-954 (9th Cir. 1998) (en banc),

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and Klingele v. Eikenberry, 849 F.2d 409, 411-12 (9th Cir. 1988).

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If defendant files a motion for summary judgment claiming that plaintiff failed to exhaust

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his available administrative remedies as required by 42 U.S.C. § 1997e(a), plaintiff should take

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note of the attached page headed “NOTICE -- WARNING (EXHAUSTION),” which is provided

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to him as required by Wyatt v. Terhune, 315 F.3d 1108, 1120 n. 4 (9th Cir. 2003).

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d.

If defendant wishes to file a reply brief, he shall do so no later than fifteen

days after the opposition is served upon him.
e.

The motion shall be deemed submitted as of the date the reply brief is due.

No hearing will be held on the motion unless the Court so orders at a later date.

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3.

All communications by plaintiff with the Court must be served on defendant, or

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defendant’s counsel once counsel has been designated, by mailing a true copy of the document to

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defendants or defendants’ counsel.
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Discovery may be taken in accordance with the Federal Rules of Civil Procedure.
No further Court order under Federal Rule of Civil Procedure 30(a)(2) is required before the
parties may conduct discovery.

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5.
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It is plaintiff’s responsibility to prosecute this case. Plaintiff must keep the Court

informed of any change of address by filing a separate paper with the clerk headed “Notice of
Change of Address.” He also must comply with the Court’s orders in a timely fashion. Failure to

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do so may result in the dismissal of this action for failure to prosecute pursuant to Federal Rule of
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Civil Procedure 41(b).
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IT IS SO ORDERED.
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United States District Court
Northern District of California

Dated: May 31, 2016
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JAMES DONATO
United States District Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL A. WILLIAMS,

Case No. 15-cv-01593-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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GOYAT, et al.,
Defendants.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.

United States District Court
Northern District of California

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That on May 31, 2016, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Michael A. Williams
Correctional Training Facility
C44000
P.O. Box 690
Soledad, CA 93960-0690

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Dated: May 31, 2016

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO

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