Zarate v. Pruitt et al

Filing 28

ORDER Granting 23 Motion to Amend/Correct, Granting 24 Motion to Serve Summons, and Granting 25 Motion to Serve Summons. The Clerk's Office is INSTRUCTED to update the docket such that Joe Lombardo replaces "Warden John Doe.&qu ot; The Clerk's Office is INSTRUCTED to issue summons for Joe Lombardo. The Clerk's Office is also INSTRUCTED to send Plaintiff four copies of the Form USM-285. The Rule 4(m) deadline to effectuate service is hereby RESET for May 1, 2 024. Clerk Status Check of 3/6/2024. Proof of service due by 5/1/2024. Signed by Magistrate Judge Nancy J. Koppe on 2/7/2024. (Attachments: # 1 USM-285 (1), # 2 USM-285 (2), # 3 USM-285 (3), # 4 USM-285 (4)) (Copies have been distributed pursuant to the NEF. Law Library - High Desert State Prison to distribute the ATTACHED four blank copies of USM-285 form to Plaintiff. - RJDG)

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1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 6 STEPHEN ZARATE, Case No. 2:22-cv-01449-APG-NJK Plaintiff(s), 7 8 v. 9 IVANA ARAMARK, et al., 10 Defendant(s). 11 ORDER [Docket Nos. 23, 24, 25] Pending before the Court are three motions filed by Plaintiff: (1) a motion to substitute Joe 12 Lombardo for Warden Doe, Docket No. 23; (2) a motion to issue summons and serve Joe 13 Lombardo, Docket No. 25, and (3) a motion to serve Defendant Aramark at a new address, Docket 14 No. 24. As stated below, all three motions are GRANTED. 15 I. MOTION TO SUBSTITUTE 16 On January 14, 2023, United States District Judge Andrew P. Gordon issued a screening 17 order finding Plaintiff’s amended complaint stated a colorable claim against the Warden Doe of 18 Clark County Detention Center. See Docket No. 10 at 8. Plaintiff now explains that the doe 19 defendant is former Sheriff Joe Lombardo. Docket No. 23. For good cause shown, the motion to 20 substitute is GRANTED and the unidentified warden in Plaintiff’s second amended complaint is 21 hereinafter construed as referring to Joe Lombardo. The Clerk’s Office is INSTRUCTED to 22 update the docket such that Joe Lombardo replaces “Warden John Doe.” 23 II. MOTION FOR SERVICE ON JOE LOMBARDO 24 Plaintiff seeks issuance of a summons and service by the United States Marshal Service on 25 Joe Lombardo in light of the above. Docket No. 25. That motion is also GRANTED. The Clerk’s 26 Office is INSTRUCTED to issue summons for Joe Lombardo. The Clerk’s Office is also 27 INSTRUCTED to send Plaintiff four copies of the Form USM-285. Plaintiff must provide the 28 Marshal Service with the required Form USM-285 by March 6, 2024. Within 20 days after 1 1 receiving from the Marshal Service a copy of the Form USM-285, showing whether service has 2 been accomplished, Plaintiff must file a notice identifying whether Defendant Lombardo was 3 served. If Plaintiff wishes to have service again attempted on an unserved defendant, a motion 4 must be filed with the Court identifying the unserved defendant and specifying a more detailed 5 name and/or address for said defendant, or whether some other manner of service should be 6 attempted. 7 III. MOTION FOR ANOTHER SERVICE ATTEMPT ON IVANA ARAMARK 8 Plaintiff seeks an order that the Marshal re-attempt service on Defendant Ivana Aramark. 9 Docket No. 24. Service was previously unsuccessful because the defendant no longer works at 10 the address provided previously. See Docket No. 19 at 6 (summons returned unexecuted). Plaintiff 11 now provides an alternative address on Las Vegas Boulevard. See Docket No. 24. For good cause 12 shown, the motion is GRANTED. Plaintiff must provide the Marshal Service with the required 13 Form USM-285 by March 6, 2024. Within 20 days after receiving from the Marshal Service a 14 copy of the Form USM-285, showing whether service has been accomplished, Plaintiff must file 15 a notice identifying whether Defendant Aramark was served. If Plaintiff wishes to have service 16 again attempted on an unserved defendant, a motion must be filed with the Court identifying the 17 unserved defendant and specifying a more detailed name and/or address for said defendant, or 18 whether some other manner of service should be attempted. 19 IV. CONCLUSION 20 For the reasons discussed above, the Court GRANTS Plaintiff’s (1) motion to substitute 21 Joe Lombardo for Warden Doe, Docket No. 23; (2) motion to issue summons and serve Joe 22 Lombardo, Docket No. 25, and (3) motion to serve Defendant Aramark at a new address, Docket 23 No. 24. The Rule 4(m) deadline to effectuate service is hereby RESET for May 1, 2024. 24 IT IS SO ORDERED. 25 Dated: February 7, 2024 ______________________________ Nancy J. Koppe United States Magistrate Judge 26 27 28 2

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