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)

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