Tripp v. Clark County et al

Filing 45

ORDER that the Clerk of Court shall ISSUE SUMMONS UNDER SEAL for defendants Rachel Rudd, Dr. Harry Duran, Jacqulyn Torres (P#15237), and Cesar Esparza (P#5733) and deliver the same to the USM for service.Plaintiff must complete the USM-285 form s (except for defendants' addresses) and mail them directly to the USM by 4/12/2019. Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure the deadline to accomplish service on all defendants is 5/17/2019. Signed by Magistrate Judge Peggy A. Leen on 3/19/2019. (Copies have been distributed pursuant to the NEF - (4) 285 forms and Order mailed to Plaintiff; Summons, 14 , 40 , and 42 hand delivered to USM - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JUSTIN L. TRIPP,

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Case No. 2:17-cv-01964-JCM-PAL
Plaintiff,

ORDER

v.
CLARK COUNTY, et al.,

(Notices – ECF Nos. 40–43)
Defendants.

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This matter is before the court on Defendants’ Sealed Notices of Contact Information for

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Unserved Defendants (ECF Nos. 40, 42) and Notice of Compliance (ECF Nos. 41, 43). These

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notices are referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(A) and LR IB 1-3 of the

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Local Rules of Practice.

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Mr. Tripp is a prisoner in the custody of the Federal Bureau of Prisons. He is proceeding

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in this case pro se and in forma pauperis. This case arises from Tripp’s allegations, pursuant to

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42 U.S.C. § 1983, regarding his treatment while he was incarcerated at the Clark County Detention

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Center. The court reviewed the First Amended Complaint (ECF No. 14) and determined that it

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states five plausible claims for (1) Fourth Amendment excessive force against defendants Torres

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and Rose; (2) Fourteenth Amendment inadequate medical care against defendants Rose, Torres,

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and John Doe #1; (3) Fourteenth Amendment conditions of confinement against defendant John

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Doe #1; (4) Fourteenth Amendment inadequate medical care against defendants NaphCare, Inc.,

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Dr. Durant, Eric Lopez, nurse Rachel, and John Does #2, 3, 4, 5, and 6; and (5) Fourteenth

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Amendment inadequate medical care against defendant Esparza. Screening Order (ECF No. 18).

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The court directed the Clerk of Court to issue summons to defendants Dr. Durant, Esparza,

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Eric Lopez, NaphCare, Inc., nurse Rachel, M. Rose, and J. Torres and deliver the same to the U.S.

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Marshal Service (“USM”) for service. Id., ECF No. 19. Service was accomplished for Rose,
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Lopez, and NaphCare. See Executed Summonses (ECF Nos. 21, 23, 26). However, the USM was

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unable to complete service for Torres, Dr. Durant, Esparza, and Rachel at the addresses he

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provided. See Unexecuted Summonses (ECF Nos. 20, 22).

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Tripp filed multiple motions seeking the court’s assistance in identifying additional

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information to serve the defendants. Order (ECF No. 38) (granting in part and denying in part

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Tripp’s motions (ECF Nos. 25, 34, 35)). The court directed defense counsel to attempt to identify

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the unserved defendants based on the information Mr. Tripp provided in his pleadings and motions.

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If any defendant(s) was identified, defense counsel was instructed to file with the court under seal

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the full name, badge number (if applicable), and current or last known address and telephone

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number, and file a notice of compliance on the public docket to inform Tripp whether any

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defendant(s) was identified.

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On March 18, 2019, counsel filed Sealed Notices of Contact Information for Unserved

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Defendants (ECF Nos. 40, 42) and Notice of Compliance (ECF Nos. 41, 43). Counsel for

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NaphCare and Lopez identified “nurse Rachel” as Rachel Rudd and “Dr. Durant” as Dr. Harry

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Duran, and provided their last known addresses under seal. ECF Nos. 40, 41. Counsel for Officer

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Rose identified “Torres” as Officer Jacqulyn Torres and “Esparza” as Officer Cesar Esparza, and

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provided their badge numbers and address under seal. ECF Nos. 42, 43.

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Based on the additional information provided by defense counsel, the court will instruct

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the Clerk of Court to reissue summonses to these defendants and direct the USM to reattempt

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service. Mr. Tripp is once again cautioned that he is ultimately responsible for providing the USM

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with accurate and sufficient information to effectuate service. If the USM is unable to serve

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defendant(s) with this new information and Tripp wishes to have service attempted again, he must

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file a timely motion specifying a more detailed name and/or address for said defendant, or whether

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some other manner of service should be attempted. Mr. Tripp’s failure to comply with this Order

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by accomplishing service by May 17, 2019, will result in a recommendation to the district judge

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that any unserved defendant(s) be dismissed without prejudice.
Accordingly,

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IT IS ORDERED:

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1. The Clerk of Court shall SUBSTITUTE the names of the following defendants on the

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court’s docket: (i) Rachel Rudd for “nurse Rachel” or “Rachel,” (ii) Dr. Harry Duran

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for “Dr. Durant,” (iii) Jacqulyn Torres for “J. Torres,” and (iv) Cesar Esparza for

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“Esparza.”

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2. The Clerk of Court shall ISSUE SUMMONS UNDER SEAL for defendants Rachel

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Rudd, Dr. Harry Duran, Jacqulyn Torres (P#15237), and Cesar Esparza (P#5733) and

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deliver the same to the USM for service along with a copy of the Amended Complaint

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(ECF No. 14), Sealed Notices of Contact Information for Unserved Defendants (ECF
Nos. 40, 42), and this Order.

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3. The Clerk of the Court shall MAIL Plaintiff four (4) USM-285 forms along with

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instructions and a copy of this Order.

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4. Plaintiff must complete the USM-285 forms (except for defendants’ addresses) and

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mail them directly to the USM. The forms must be received by April 12, 2019.1

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5. Once the USM-285 forms are received, the USM shall attempt to serve Rachel Rudd,

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Dr. Harry Duran, Jacqulyn Torres, and Cesar Esparza at the addresses provided in the

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Sealed Notices of Contact Information for Unserved Defendants (ECF Nos. 40, 42).
6. After attempting service, the USM shall redact the process receipt and return forms so

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that the defendants’ addresses are not made publicly available.

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7. The USM shall file the redacted process receipt and return forms with the court

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indicating whether each defendant was served.

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8. If the USM is unable to serve defendant(s) with the new information and Mr. Tripp

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wishes to have service attempted again, he must timely file a motion specifying a more

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detailed name and/or address for defendant(s), or whether some other manner of service

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should be attempted.

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Plaintiff is advised that the mailing address to send the USM-285 forms is:
U.S. Marshal Service
333 Las Vegas Boulevard South, Suite 2058
Las Vegas, NV 89101

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9. Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, the deadline to
accomplish service on all defendants is May 17, 2019.

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10. Mr. Tripp must comply with this Order by accomplishing service by May 17, 2019,

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and his failure to complete service by that deadline may result in a recommendation to

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the district judge that any unserved defendant be dismissed without prejudice.

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Dated this 19th day of March, 2019.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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