Perotti v. USA et al

Filing 36

MINUTE ORDER granting in part and denying in part 31 Motion to Compel Discovery; granting in part and denying in part 32 Notice of Substitution of Party and Request for Address of Estate of Defendant Cink, by Magistrate Judge Michael J. Watanabe on 11/04/2015.(slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00534-MJW
JOHN W. PEROTTI,
Plaintiff,
v.
UNITED STATES OF AMERICA,
WARDEN CHARLIE DANIELS,
DR. DAVID ALLRED,
R.N. M. ANDREIS,
AW JOHNSON,
HSA COLLINS,
ESTATE OF BRAD CINK, and
R.N. SERBY,
Defendants.
MINUTE ORDER
Entered by Magistrate Judge Michael J. Watanabe
It is hereby ORDERED that the plaintiff’s Notice of Substitution of Party and
Request for Address of Estate of Defendant Cink (Docket No. 32) is granted in part and
denied in part as follows. The motion is granted to the extent that as ordered below, the
Estate of Brad Cink shall be substituted for defendant P.A. Brad Cink. The motion is
denied, however, with respect to the plaintiff’s request for the Estate’s address. The
United States represents in its Response (Docket No. 34) to plaintiff’s Motion to Compel
Discovery (31) that it does not have an address or contact information for the Estate.
It is further ORDERED that the plaintiff’s Motion to Compel Discovery (Docket No.
31) is granted in part and denied in part as follows. In the subject motion (Docket No.
31), plaintiff seeks an order from the court compelling the U.S. Attorney to provide the
addresses of the named defendants in order to effectuate service. However, as the
docket reflects, defendants Charles Daniels, Dr. David Allred, Stacy Collins, and Kristina
Serby have waived service. (Docket No. 34). Therefore, the subject motion (Docket No.
31) is denied as moot with respect to the addresses for those four defendants. Service
was not waived for defendant Bard Cink, deceased (or his estate), and defendant former
employees Mark Andreis and Kevin Johnson. The United States has agreed to provide
the U.S. Marshal Service with the last known personal addresses on record of former
Bureau of Prisons employees Andres and Johnson. Thus the subject motion (Docket No.
31) is granted with respect to the addresses for those two defendants as directed in the
last ordered paragraph below. Finally, with regard to deceased defendant Cink, as noted
above, the United States represents in its Response (Docket No. 34) that it does not have

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an address or contact information for the Estate. Therefore, the subject motion (Docket
No. 31) is denied with respect to the request for the Estate’s address.
It is further ORDERED that the Clerk shall substitute the Estate of Brad Cink for
defendant P.A. Brad Cink.
It is further ORDERED that counsel for defendant United States shall forthwith
provide the U.S. Marshal Service with the last known addresses of defendants Mark
Andreis and Kevin Johnson. Such addresses, if filed, shall be filed under Level 2
restriction. Counsel for defendant United States shall file a certificate with the court
stating when such addresses have been provided to the U.S. Marshal Service.
Date: November 4, 2015