Rothman v. Lombardi et al

Filing 35

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff's motion to compel [Doc. 34] is DENIED. IT IS FURTHER ORDERED that the Clerk shall serve process on defendant Unknown Webb, Sergeant at Eastern Reception Diagnostic and Correctional Center, in accordance with the Court's Waiver of Service Agreement with the Missouri Department of Corrections. Signed by Honorable Carol E. Jackson on 11/1/11. (KXS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CHARLES E. ROTHMAN,
Plaintiff,
v.
UNKNOWN CHASTIN, et al.,
Defendants.

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No. 4:11CV639 CEJ

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s motion to compel. Because
plaintiff is a prisoner, this case is assigned to Track 5 of the Differentiated Case
Management Program of the United States District Court of the Eastern District of
Missouri. See E.D. Mo. L.R. 16 - 5.01, 16 - 5.04. In Track 5 cases, discovery may
not take place until authorized by the Court and a schedule is set forth in a Track 5
Case Management Order. The Court has not yet authorized discovery in this action.
As a result, the motion will be denied without prejudice.
Also before the Court is the failure to serve process on defendant Unknown
Webb, a Sergeant at Eastern Reception Diagnostic and Correctional Center. The
Court notes that the Clerk mistakenly requested Correctional Medical Services to
waive service as to Webb. However, Webb is or was employed by the Missouri
Department of Corrections, not Correctional Medical Services. As a result, the Court

will order serve process on Webb in accordance with the Court’s Waiver of Service
Agreement with the Missouri Department of Corrections.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to compel [Doc. 34] is
DENIED.
IT IS FURTHER ORDERED that the Clerk shall serve process on defendant
Unknown Webb, Sergeant at Eastern Reception Diagnostic and Correctional Center,
in accordance with the Court’s Waiver of Service Agreement with the Missouri
Department of Corrections.
Dated this 1st day of November, 2011.

CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE

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