Fernandez v. Baker et al

Filing 95

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Valerie P. Cooke, on 8/27/2015, granting in part and denying in part 61 Motion to Extend Time; denying 64 Motion for Copies of Complaint and Summons for Service; granting in part and denying in part 76 Motion to Extend Time; denying as moot 85 Motion to Compel; and addressing service issues with respect to Defendants Amanda Hoerester, Taylor Paryga, Thomas Lamb, Michael Brown, and Janet Garcia. USM-285 from Plaintiff due 9/9/2015 (USM-285 form mailed 8/27/15). Response from AG's Office with respect to Michael Brown and Janet Garcia due 9/9/2015. Summons to issue and USM to attempt service on Taylor Paryga three additional times at times other than between 8:00 a.m. through 6:00 p.m. Monday through Friday. Please see attached for further details. (Copies have been distributed pursuant to the NEF - JC)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
KEVIN FERNANDEZ,

)
)
Plaintiff,
)
)
vs.
)
)
JAMES GREG COX, et al.,
)
)
Defendants.
)
_____________________________ )
PRESENT:

3:14-CV-0578-MMD (VPC)
MINUTES OF THE COURT
August 27, 2015

THE HONORABLE VALERIE P. COOKE, U.S. MAGISTRATE JUDGE

DEPUTY CLERK:

LISA MANN

REPORTER: NONE APPEARING

COUNSEL FOR PLAINTIFF(S): NONE APPEARING
COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
Before the court are several motions filed by plaintiff concerning service of process of the
remaining unserved defendants (#s 61, 64, 76 & 85). The court will address each unserved
defendant in turn and grants in part and denies in part these motions as follows:
Amanda Hoerester
Defendant Hoerester was dismissed without prejudice in the court’s screening order (#4)
because there are no allegations in the complaint against this defendant. Nevertheless, either
through inadvertence or error undoubtedly due to the vast number of defendants, the Office of
the Attorney General provided the last known address for defendant Hoerester1 (#13), and the
court ordered service of this defendant (#19). The U.S. Marshal returned the summons for
defendant Hoerester unexecuted after three attempts with no answer at the defendant’s residence
(#46-1).
Plaintiff’s motions (#s 61, 64, & 76) are DENIED as to defendant Hoerester who was
dismissed from this action pursuant to the court’s screening order (#4).
Taylor Paryga
The U.S. Marshal has made three attempts of service on this defendant at his last known
address as follows: June 8, 2015 at 4:00 p.m.; June 9, 2015 at 11:45 a.m.; and June 11, 2015 at
5:55 p.m. (#46). Plaintiff’s requests for an enlargement of time to November 6, 2015 to serve
this defendant (#61 & 76) are GRANTED. Plaintiff’s motion for a court order for copies of the
1

This defendant’s name is spelled both Hoerester and Hoerster in court documents.

complaint and summons for service (#64) is DENIED without prejudice. The court will order
the U.S. Marshal to reattempt service on this defendant three times. The U.S. Marshal shall
make three additional attempts to serve this defendant at times other than between 8:00 a.m.
through 6:00 p.m. Monday through Friday. The Clerk shall SEND a copy of this order to the
U.S. Marshal.
The Clerk shall ISSUE a summons for Taylor Paryga and send the same to the U.S.
Marshal with the address provided under seal (#13), one copy of the complaint (#5), and one
copy of this order for the defendant. The Clerk shall SEND to plaintiff one USM-285 form.
Plaintiff shall have until Wednesday, September 9, 2015 to complete the USM-285 service
form and return it along with the other documents to the U.S. Marshal for service.
Thomas Lamb
The Office of the Attorney General has notified the court that it accepts service on behalf
of this defendant (#87). Therefore, plaintiff’s motion to compel the defendants to provide the
correct address for defendant Thomas Lamb (#85) is DENIED as moot. Plaintiff’s request for
an enlargement of time to November 6, 2015 to serve this defendant (#76) is DENIED as moot.
Michael Brown
The last known address for this defendant is a Post Office Box. Plaintiff’s request for an
enlargement of time to November 6, 2015 to serve this defendant (#76) is GRANTED. The
Office of the Attorney General shall review the address provided under seal for accuracy and to
determine if a physical address exists for this defendant, and file a report under seal with the
court on or before Wednesday, September 9, 2015. Thereafter, the court will issue a separate
order regarding service of this defendant.
Janet Garcia
The Office of the Attorney General has identified that a female officer worked the night
shift on May 16 and 17, 2015 (#66). Defendants contend Janet Garcia is not a defendant (#87);
however, plaintiff contends this person is the defendant in the complaint (#92). Therefore,
plaintiff’s request for an enlargement of time to November 6, 2015 to serve this defendant (#76)
is GRANTED. The Office of the Attorney General shall advise the court on or before
Wednesday, September 9, 2015 whether it will accept service on behalf of this defendant or file
this defendant’s last known address under seal.
The Office of the Attorney General has accepted service on behalf of all other defendants
remaining in this case.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK
By:

/s/
Deputy Clerk