Miller v. Stewart et al

Filing 19

OPINION and ORDER Granting Plaintiff's Verified 18 Motion to Extend Summons as to Defendants Pam Friess, Tiffany Iris Heath, Dominique Linette Reeber-Romero, LPN Courtney Paquette, LPN Michelle Geymann, and LPN Debbysue Detloff. Signed by District Judge Linda V. Parker. (RLou)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ESTATE OF KAYLA RENEA MILLER,
Plaintiff,

Civil Case No. 17-cv-12506
Honorable Linda V. Parker

v.
ANTHONY STEWART, et al.,
Defendants.
__________________________________/
OPINION AND ORDER GRANTING PLAINTIFF’S VERIFIED MOTION
TO EXTEND SUMMONS AS TO DEFENDANTS PAM FRIESS, TIFFANY
IRIS HEATH, DOMINIQUE LINETTE REEBER-ROMERO, LPN
COURTNEY PAQUETTE, LPN MICHELLE GEYMANN, AND LPN
DEBBYSUE DETLOFF
Plaintiff initiated this lawsuit on August 2, 2017. On August 9, 2017, a
summons was issued for all Defendants in this matter. (ECF No. 5.) Plaintiff’s
counsel stated that on September 5, 2017, it received a correspondence from Ericka
T. Reeves, Litigation Coordinator for the Women’s Huron Valley Correctional
Facility, stating that they were unable to accept service for Defendants (1) Pam
Friess, (2) Tiffany Iris Heath, (3) Dominique Linette Reeber-Romero, (4) LPN
Courtney Paquette, (5) LPN Michelle Geymann, and (6) LPN Debbysue Detloff
and returned the summons and complaints. (ECF No. 18 at Pg ID 129.) On
November 21, 2017, the Court issued a Show Cause Order to Plaintiff for failure to

serve the above-named Defendants. In response, Plaintiff filed a motion to extend
the summons on November 28, 2017. (ECF No. 18.)
Pursuant to Fed. R. Civ. P. (c) and (m), Plaintiff must serve each defendant
with a copy of the summons and the complaint within 90 days after filing the
complaint. However, “if the plaintiff shows good cause for the failure [to serve
each defendant], the court must extend the time for service for an appropriate
period.” Fed. R. Civ. P. 4(m). Plaintiff asserts that it “has been diligently
researching the whereabouts” of the Defendants and has been unable to locate
them. (ECF No. 18 at Pg ID 130.) Although Plaintiff recently has located
Defendants Michelle Lynn Geymann and Courtney Marie Paquette, LPN, the
summons expired on or about November 7, 2017. (Id.)
Therefore, the Court finds Plaintiff has shown good cause to extend the
summons for Defendants (1) Pam Friess, (2) Tiffany Iris Heath, (3) Dominique
Linette Reeber-Romero, (4) LPN Courtney Paquette, (5) LPN Michelle Geymann,
and (6) LPN Debbysue Detloff.
Accordingly,
IT IS ORDERED that Plaintiff’s motion to extend the summons (ECF No.
18) is GRANTED;
IT IS FURTHER ORDERED that Plaintiff must serve Defendants (1) Pam
Friess, (2) Tiffany Iris Heath, (3) Dominique Linette Reeber-Romero, (4) LPN
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Courtney Paquette, (5) LPN Michelle Geymann, and (6) LPN Debbysue Detloff
with the summons and a copy of the complaint on or before December 28, 2017.
IT IS SO ORDERED.
s/ Linda V. Parker
LINDA V. PARKER
U.S. DISTRICT JUDGE
Dated: December 5, 2017
I hereby certify that a copy of the foregoing document was mailed to counsel of
record and/or pro se parties on this date, December 5, 2017, by electronic and/or
U.S. First Class mail.
s/ R. Loury
Case Manager

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