Maben v. Corizon Health Care et al

Filing 52

ORDER REGARDING SERVICE UPON DEFENDANT TUMADA., ( Response due by 3/19/2018)--Signed by Magistrate Judge Anthony P. Patti. (MWil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JAMES MABEN,
Plaintiff
v.

Case No. 1:17-cv-11713
District Judge Thomas L. Ludington
Magistrate Judge Anthony P. Patti

CORIZON HEALTH, INC.,
BADAWI ABDELLATIF,
HILDA MBIDZO, and
RAUL TUMADA,
Defendants.
___________________________________/
ORDER REGARDING SERVICE UPON DEFENDANT TUMADA
On June 19, 2017, the Court entered an order directing service without
prepayment of costs and authorizing the U.S. Marshal to collect costs after service
is made. (DE 7; see also DE 9 at 5.) Defendants Corizon Health, Abdellatif and
Mbidzo have appeared and are represented by attorneys Ronald W. Chapman, 
Carly A. Van Thomme, and Patrick L. Klida. (DEs 11, 12, 16, 23, 24, 26.)
Defendant Tumada has yet to appear. The June 20, 2017 attempt to serve
Tumada at the Michigan Department of Corrections (MDOC) Macomb
Correctional Facility (MRF) was returned with a letter explaining that Tumada is
not an MDOC employee and providing contact information for Corizon Health.
(DE 32.) On December 18, 2017, the Court issued an order directing re-service of

the complaint. That order directed the MDOC to provide the USMS with "the
address for any current or former employee listed above upon whom service has
not been effected." (DEs 47.) On December 19, 2017, the USMS acknowledged
receipt of documents for service of process - presumably for Tumada at Corizon.
(DE 48.) However, on January 9, 2018, the attempt to serve Tumada at Corizon
Health’s Michigan Regional Office was returned with a letter indicating that
Tumada “is not employed by Corizon Health[.]” (DE 51.)
The Court has reason to believe that, at least at one point, Tumada was a
Corizon Health employee. See,e.g., Anderson v. Jutzy, et al., Case No. 2:15-cv11727-DML-RSW (E.D. Mich. Feb. 12, 2016) (Raul Tumada represented by
attorney Ronald Chapman). Upon consideration, no later than Monday, March
19, 2018, Defendant Corizon Health SHALL: (1) clarify whether Tumada is or
was an employee; and, (2) if so, provide either Tumada’s last known address under
seal to the United States Marshal Service (Eastern District of Michigan, 231 W.
Lafayette, Detroit, MI 48226) or another address upon which service can be
effectuated.

Dated: March 9, 2018

s/Anthony P. Patti
Anthony P. Patti
UNITED STATES MAGISTRATE JUDGE

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Certificate of Service
I hereby certify that a copy of the foregoing document was sent to parties of record
on March 9, 2018, electronically and/or by U.S. Mail.
s/Michael Williams
Case Manager for the
Honorable Anthony P. Patti

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