Nival v. Clements et al

Filing 44

MINUTE ORDER. Plaintiffs Request for Service 42 is granted in part and denied as moot in part. The Clerk of the Court is directed to effect service on Defendant Jere Sutton at Dr. Suttons last known address. By Magistrate Judge Michael E. Hegarty on 2/13/2012.(sah, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-01695-DME-MEH
PEDRO NIVAL,
Plaintiff,
v.
DR. JERE SUTTON, CCCF HMO Provider,
JUDY BREZENDINE, CCCF Clinical Services Director,
LYNN THOMPSON, CCCF Nurse Practitioner,
JANE DOE #1 (SANDY), JANE DOE #2 (MARY), and JANE DOE #3 (CHRISTIE), NURSING
STAFF, all in their official and individual capacities,
Defendants.

MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on February 13, 2012.
Plaintiff’s Request for Service [filed February 8, 2012; docket #42] is granted in part and
denied as moot in part. The Clerk of the Court is directed to effect service on Defendant Jere
Sutton at Dr. Sutton’s last known address. The Court notes that Defendants Judy Brezedine, Lynn
Thompson, Sandy Vasquez1, Mary Cardanes2, and Christie Rusher3 have filed a Waiver of Service.
(Docket #40.) Thus, Plaintiff’s request for a Waiver of Service is moot as to those Defendants.
Plaintiff’s request to examine his medical file to determine the identities of Jane Does 1-3 is also
moot, as all Defendants named as Jane Does have identified themselves in filing the Waiver of
Service. (See id. at 1.) The Court will schedule any additional discovery at the Status Conference
set for April 9, 2012.

1

Defendant Sandy Vasquez is named in the Amended Complaint as “Jane Doe #1 (Sandy)."

2

Defendant Mary Cardanes is named in the Amended Complaint as “Jane Doe #2 (Mary).”

3

Defendant Christie Rusher is named in the Amended Complaint as “Jane Doe #3 (Christie).”