Ethridge v. Natividad Medical Center et al

Filing 13

ORDER DIRECTING CLERK TO REISSUE SUMMONS. Signed by Judge Haywood S. Gilliam, Jr. on 6/8/2017. (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 6/8/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CARL DANIEL ETHRIDGE,
Plaintiff,

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ORDER DIRECTING CLERK TO
REISSUE SUMMONS

v.

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Case No. 16-cv-05428-HSG (PR)

NATIVIDAD MEDICAL CENTER, et al.,
Defendants.

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United States District Court
Northern District of California

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Plaintiff, an inmate at Salinas Valley State Prison, filed the instant pro se civil rights action

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pursuant to 42 U.S.C. § 1983, alleging deliberate indifference to serious medical needs as against

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Natividad Medical Center (“Natividad”) and three of its medical doctors, Paul Simcoe, Jennifer

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Swiney, and Mary Pennington. On November 14, 2016, the Court directed the Clerk to prepare

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the summonses for service of the complaint upon the three doctors and the United States Marshal

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to effectuate such service. On May 9, 2017, the Marshal returned the summonses unexecuted.

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Court staff contacted hospital staff at Natividad and was informed that the summonses

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should be directed to the hospital’s Medical Staff Office. Hospital staff also provided identifying

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information for the three defendants. Accordingly, the Court will reissue summons.
CONCLUSION

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1.

The Clerk shall reissue summonses, and the United States Marshal shall serve,

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without prepayment of fees, a copy of the complaint (Docket No. 1), the Court’s November 14,

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2016 Order of Service (Docket No. 6), and a copy of this order upon:

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Dr. Paul Simcoe, Emergency Department
c/o Medical Staff Office
Natividad Medical Center
1441 Constitution Blvd.
Salinas, CA 93906

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United States District Court
Northern District of California

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Dr. Jennifer Swiney, Medical Staff
c/o Medical Staff Office
Natividad Medical Center
1441 Constitution Blvd.
Salinas, CA 93906
Dr. Mary Pennington, Residency Program
c/o Medical Staff Office
Natividad Medical Center
1441 Constitution Blvd.
Salinas, CA 93906
The Clerk shall also mail a courtesy copy of the complaint and this order to the California
Attorney General’s Office.
2.

In order to ensure adequate time for defendants to be served, the Court sua sponte

extends the dispositive motion deadline. Accordingly, the briefing schedule for dispositive
motions set out in the Court’s November 14, 2016 order is VACATED, and the deadline for
defendants to file their dispositive motion is CONTINUED to September 27, 2017. Plaintiff shall
file any opposition to defendants’ motion within twenty-eight (28) days of the date the motion is
filed. Defendants shall file their reply within fourteen (14) days of the date the opposition is filed.
IT IS SO ORDERED.
Dated: 6/8/2017

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HAYWOOD S. GILLIAM, JR.
United States District Judge

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