O'Haire v. Napa State Hospital et al

Filing 54

ORDER 44 Granting Extension of Time; Directing Defendant NSH to Respond to Request by Plaintiff by Judge Ronald M. Whyte. (jg, COURT STAFF) (Filed on 12/9/2008)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This defendant was erroneously named in the complaint as the California Department of Licensing and Certification, who is hereby replaced as a defendant by the CDPH.
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*E-FILED - 12/9/08*

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

PAUL D. O'HAIRE, Plaintiff, v. NAPA STATE HOSPITAL, et. al., Defendants.

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No. C 07-0002 RMW (PR) ORDER GRANTING EXTENSION OF TIME; DIRECTING DEFENDANT NSH TO RESPOND TO REQUEST BY PLAINTIFF

(Docket No. 44)

Plaintiff, proceeding pro se, filed the instant civil rights complaint pursuant to 42 U.S.C. § 1983, the Americans With Disabilities Act ("ADA"), and the Civil Rights of Institutionalized Persons Act ("CRIPA") concerning the conditions of his confinement at Napa State Hospital ("NSH"). On November 13, 2008, defendants Graziani, Oncea, Thomas, Weakley, Ott, NSH and the California Department of Public Health ("CDPH")1 filed a motion to dismiss. Two defendants, Dr. Kaur and Dr. Yasaie remain unserved. On September 11, 2008, the Court, inter alia, ordered plaintiff, within 60 days, either to arrange for service of the summons upon defendants Kaur and Yasaie, or show cause why the claims against these defendants should

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not be dismissed pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. Plaintiff has filed a request for an extension of time in which to comply with that order. Good cause appearing, plaintiff's request is GRANTED. On or before December 29, 2008, plaintiff shall cause the summons to be served upon defendants Kaur and Yasaie; failure to do so will result in the dismissal without prejudice of the claims against them pursuant to Rule 4(m). Plaintiff has further requested that defendant NSH be ordered to respond to an interrogatory requesting the last known address for defendants Kaur and Yasaie, former NSH employees, in order for plaintiff to be able to arrange for service upon them. In the September 11, 2008 order, plaintiff was already given leave to propound interrogatories upon NSH for the purpose of locating defendants Yasaie and Kaur. Accordingly, defendant NSH, by and through counsel, shall respond, on or before December 7, 2008, to plaintiff's request for information as to the last known address for defendants Yasaie and Kaur. Plaintiff's motion for a scheduling order was GRANTED in the November 12, 2008 order setting a briefing schedule on Defendants' motion to dismiss. 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. In light of the served defendants' appearance herein, plaintiff's request for default judgment is DENIED. This order terminates docket number 44. IT IS SO ORDERED. DATED: 12/5/08 RONALD M. WHYTE United States District Judge

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