Levand v. Sandoval County Board of Commissioners et al

Filing 148

STATUS REPORT ORDER by Magistrate Judge Stephan M. Vidmar. Plaintiff's Status Report is due by February 9, 2017. (am)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
RHONDA LEVAND,
Plaintiff,
v.

No. 14-cv-1103 WJ/SMV

SANDOVAL COUNTY BOARD OF COMMISSIONERS;
AL CASAMENTO; LYNDA HIGGINBOTHAM;
DEBRA JACCARD; JAN KRUSICK;
NATASHA ROYBAL; FNU PALMER;
CORRECTIONAL HEALTHCARE COMPANIES, INC.;
CORRECT CARE SOLUTIONS, LLC; and
CORRECT CARE SOLUTIONS GROUP HOLDINGS;
Defendants.1
ORDER FOR STATUS REPORT
THIS MATTER is before the Court sua sponte. Plaintiff must file a report addressing the
status of her (1) settlement with County Defendants2 and (2) claims against Defendant
Correctional Healthcare Companies, Inc., no later than February 9, 2017.
In October of 2016, counsel for County Defendants reported to chambers staff that they
had reached a settlement agreement with Plaintiff on August 31, 2016. At that time, counsel
anticipated that the settlement would require approval by the Court because a minor child was
involved. More than five months have passed since the settlement was reached, but no further
action has been taken on the record.

1

The claims against Defendants Correct Care Solutions, LLC; Correct Care Solutions Group Holdings;
Debra Jaccard; Jan Krusick; and Natasha Roybal were dismissed on December 7, 2016. [Docs. 146, 147]. At this
time, the remaining Defendants are Sandoval County Board of Commissioners, Al Casamento, Lynda
Higginbotham, FNU Palmer, and Correctional Healthcare Companies, Inc.
2
Defendants Sandoval County Board of Commissioners, Al Casamento, Lynda Higginbotham, and FNU Palmer
identify themselves as “County Defendants.” [Doc. 6] at 1.

Relatedly, Plaintiff amended her complaint on October 17, 2016, adding Defendant
Correctional Healthcare Companies, Inc. [Doc. 131]. Rule 4(m) of the Federal Rules of Civil
Procedure required Plaintiff to serve that Defendant within 90 days, or no later than January 17,
2017. That date has passed, and there is nothing on the record indicating that Defendant
Correctional Healthcare Companies, Inc., has been served.
For these reasons, Plaintiff’s counsel must file a report addressing (1) the status of the
settlement with County Defendants and (2) whether the claims against Defendant Correctional
Healthcare Companies, Inc., are proceeding. If Plaintiff intends to prosecute her claims against
Defendant Correctional Healthcare Companies, Inc., she must effect service of process
immediately or show cause why she needs more time to do so. If she does not intend to
prosecute those claims, she must dismiss them or explain why dismissal is not appropriate at this
time. The status report must be filed no later than February 9, 2017.
IT IS SO ORDERED.

_____________________________
STEPHAN M. VIDMAR
United States Magistrate Judge

2