Ashker et al v. Schwarzenegger et al

Filing 60

ORDER by Judge Claudia Wilken GRANTING PLAINTIFFS 43 MOTION FOR COUNSEL TO PROVIDE COURT WITH INFORMATION REGARDING DEFENDANT AND FOR SERVICE BY UNITED STATES MARSHAL. (ndr, COURT STAFF) (Filed on 10/11/2011)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 TODD ASHKER and DANNY TROXELL, 9 Plaintiffs, United States District Court For the Northern District of California 10 11 No. 09-05796 CW v. EDMUND G. BROWN, JR., et al., 12 Defendants. / 13 14 ORDER GRANTING PLAINTIFFS’ MOTION FOR COUNSEL TO PROVIDE COURT WITH INFORMATION REGARDING DEFENDANT AND FOR SERVICE BY UNITED STATES MARSHAL (Docket No. 43) 15 16 Pro se Plaintiffs Todd Ashker and Danny Troxell, inmates at 17 Pelican Bay State Prison, move for an order that Andrada & 18 Associates, counsel for many of the named Defendants, provide the 19 Court with the address of Defendant Richard Kirkland. 20 believe that Andrada & Associates knows Mr. Kirkland’s address 21 because it is representing him in another case. 22 request that the United States Marshal serve Mr. Kirkland with the 23 summons and complaint. 24 Andrada firm; no opposition to this motion has been filed. 25 Plaintiffs Plaintiffs also Plaintiffs served this motion on the Plaintiffs’ requests are reasonable and their motion is 26 granted. The Andrada law firm is ordered to inform the Court, 27 under seal, of Mr. Kirkland’s present address and the Court will 28 give this information to the United States Marshal. The Marshal 1 shall inform Plaintiffs of the fee for serving Mr. Kirkland, 2 Plaintiffs may make arrangements with the Marshal for paying this 3 fee and the Marshal shall then serve Mr. Kirkland. 4 alternative, counsel may agree to accept service on Mr. Kirkland’s 5 behalf. 6 Kirkland and Mr. Kirkland has refused to waive service, Plaintiff 7 may seek reimbursement of the Marshal’s fee from Mr. Kirkland. In the If Plaintiff has requested waiver of service from Mr. 8 9 IT IS SO ORDERED. United States District Court For the Northern District of California 10 11 Dated: 10/11/2011 CLAUDIA WILKEN United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 2 3 TODD ASHKER et al, Case Number: CV09-05796 CW 4 Plaintiff, CERTIFICATE OF SERVICE 5 v. 6 ARNOLD SCHWARZENEGGER et al, 7 Defendant. 8 9 United States District Court For the Northern District of California 10 11 12 / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on October 11, 2011, 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. 13 14 15 16 17 18 19 20 21 22 Danny Troxell Pelican Bay State Prison B76578 P.O. Box 7500 D1-120 Crescent City, CA 95532 Todd Ashker C58191 Pelican Bay State Prison P.O. Box 7500 D1-SHU Crescent City, CA 95532 Dated: October 11, 2011 Richard W. Wieking, Clerk By: Nikki Riley, Deputy Clerk 23 24 25 26 27 28 3

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