Cross v. Jaeger et al

Filing 47

ORDER granting in part and denying in part 29 Motion to Unseal Cheryl Burson's Last Known Address. Please see attached for details. Signed by Magistrate Judge William G. Cobb on 11/25/14. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ANTHONY CROSS,

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Plaintiff,
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vs.
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RON JAEGER, et al.,
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Defendants.
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______________________________________)

3:13-cv-00433-MMD-WGC
ORDER
Re: Doc. # 29

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Before the court is Plaintiff's motion to Unseal Defendant Cheryl Burson's Last Known Address

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(Doc. # 29, corrected in Doc. # 31).1 Plaintiff states that because Defendant Burson's last known address

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is a post office box, the U.S. Marshal was unable to serve her. Plaintiff wants to attempt to effect service

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by mailing the summons and complaint to the Defendant to attempt to ascertain whether the defendant

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would accept service by mail, as is authorized by Fed. R. Civ. P. 4(d).

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Defendant in response argued Burson, a former employee of the Nevada Department of

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Corrections (NDOC), could be harassed if an NDOC inmate had access to the employee's address.

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Addresses of present and former NDOC employees are considered confidential information which an

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inmate is not allowed to possess. Defendants also contended disclosure "poses a safety and security

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concern" and stated "Plaintiff has other methods available to him to obtain service other than a waiver."

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Defendants do not identify any "other methods," however.

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Subsequent to the filing of the Defendants' response, the court directed Defendants to comment

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on whether the last known mailing and physical addresses of Defendant Burson have already been placed

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in the public domain by reason of certain filings the Office of the Attorney General made in another case,
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Refers to court's docket number.

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3:12-cv-00322-MMD-WGC (Doc. # 33). Defendants thereafter filed their Supplemental Opposition to

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Plaintiff's Motion, (Doc. # 35). Defendants argued the filings in the case to which the court referred

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were necessitated by the unique situation which arose as to the Attorney General's representation of

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Ms. Burson and should not be considered precedent for disclosure in this matter.

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Plaintiff replied (Doc. # 37). Plaintiff argued that because Burson's address has been published,
any security concerns regarding her address have dissipated.

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The Court generally accedes to the policies of the Nevada Department of Corrections and the

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Office of the Nevada Attorney General that addresses of current and past employees of NDOC present

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possible security or harassment concerns for the employee. However, the filings in the 3:12-cv-00322

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case suggest that Ms. Burson no longer resides in the United States and that the post office box address

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filed under seal is utilized as a forwarding address. Thus, the harassment and/or security concerns are

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alleviated, particularly where the information has already been placed in the public domain.

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As noted above, Defendants state that "Plaintiff has other methods available to him to obtain

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service other than a waiver." Defendants in their Supplement Response again do not suggest any

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alternative methods of service available to Plaintiff. While it is doubtful from the information which

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is available from case 3:12-cv-00322 that Ms. Burson will accept service of process by mail, the court

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believes Plaintiff is at least entitled to make that attempt. Nevertheless, the court will not unseal

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Defendant Burson's mailing address in this case and in that respect, Plaintiff's motion (Doc. # 29) is

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denied in part. However, the court will craft an alternative procedure Plaintiff may employ to be able

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to attempt to effect service by mail, and in that respect, Plaintiff's motion is granted in part, as follows:

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Plaintiff shall comply with the terms and provision of Fed. R. Civ. P. 4(d), including completion

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of the "Notice" form (Form 5) in Rule 4(d)(1)(D), a copy of which accompanies this order.2 In addition

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to the other materials required by Rule 4, Plaintiff shall include a proposed Waiver of Service form

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(Form 6) to be completed by Defendant Burson should she consent to service under Rule 4. Plaintiff

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shall then deliver a suitable envelope with sufficient U.S. Postage to the Warden's Office, Ely State

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Prison, along with a copy of this Order. The Warden's Office shall thereupon place Defendant Burson's

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The certification of service by mail upon Defendant Burson shall be signed and dated by Plaintiff and shall be
deemed effective as of the date Plaintiff delivers it to the Warden's Office for mailing.

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last known address on the envelope and promptly place the envelope in the U.S. Mail.
Plaintiff's motion (Doc. # 29) is GRANTED IN PART and DENIED IN PART, consistent with

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this Order.

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IT IS SO ORDERED.

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DATED: November 25, 2014.

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_____________________________________
WILLIAM G. COBB
UNITED STATES MAGISTRATE JUDGE

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