Arnold v. Corizon Medical Services et al

Filing 19

MEMORANDUM AND ORDER re: 17 MOTION to Compel filed by Plaintiff Michael L. Arnold motion is GRANTED IN PART. IT IS FURTHER ORDERED that within fifteen (15) days of the date of this Order, Mr. J. Thaddeus Eckenrode shall provide the Court with th e last known address of defendants Dr. Unknown Jones and Nurse Larry Unknown (LPN). IT IS FURTHER ORDERED that upon receipt of the in camera response, the Court will notify plaintiff in writing whether an address for Russell Graham has been provided, and if so, the Court will arrange for issuance of summons and Marshal's forms on plaintiff's behalf. Signed by District Judge Stephen N. Limbaugh, Jr on 1/9/14. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
MICHAEL L. ARNOLD,
Plaintiff,
v.
CORIZON MEDICAL SERVICES
et al.,
Defendants.

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No. 1:13CV121 SNLJ

MEMORANDUM AND ORDER
Before the Court is plaintiff’s motion to compel and defendants’ response.
Plaintiff seeks the last known addresses of defendant Dr. Unknown Jones and
Nurse Larry Unknown (LPN). Attorney J. Thaddeus Eckenrode, counsel for
defendants asserts that Corizon, Inc., should not be compelled to provide the last
known addresses of these two defendants because the time for identifying
witnesses through Rule 26 disclosures, Fed.R.Civ.P., has not yet come to pass
according to the Case Management Order.
In order to facilitate service of process in this case, the Court will order Mr.
Eckenrode to provide the Court, in camera, with the last known addresses of Dr.
Unknown Jones and Nurse Larry Uknown (LPN), so that the Court may attempt to
effectuate service on these individuals on plaintiff’s behalf. The Court believes

that Mr. Eckenrode will be able to ascertain the first name of Dr. Jones and the last
name of Nurse Larry with the assistance of the factual circumstances alleged in
plaintiff’s complaint, along with, perhaps, the help of the defendants Mr.
Eckenrode currently represents before this Court. However, if Mr. Eckenrode
needs additional time to identify defendants’ correct names, he may seek leave
from this Court to do so.
Accordingly,
IT IS HEREBY ORDERED plaintiff’s motion to compel will be
GRANTED IN PART.
IT IS FURTHER ORDERED that within fifteen (15) days of the date of
this Order, Mr. J. Thaddeus Eckenrode shall provide the Court with the last known
address of defendants Dr. Unknown Jones and Nurse Larry Unknown (LPN). Mr.
Eckenrode’s response to this Order should be entitled "In Camera Response to
Order of January 9, 2014," and should be mailed directly to the chambers of the
undersigned, at the following address: United States District Court, Eastern
District of Missouri, Southeastern Division, 555 Independence, Cape Girardeau,
Missouri, 63703.
IT IS FURTHER ORDERED that upon receipt of the in camera response,
the Court will notify plaintiff in writing whether an address for Russell Graham
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has been provided, and if so, the Court will arrange for issuance of summons and
Marshal's forms on plaintiff's behalf.
Dated this 9th day of January, 2014.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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