Khan v. Barela et al

Filing 120

ORDER by Magistrate Judge Stephan M. Vidmar GRANTING IN PART and DENYING IN PART 117 Plaintiff's Motion for Personal Service on Defendant Aramark and DIRECTING the Clerk to Re-Issue Notice and Waiver-of-Service Form as to Defendant Aramark. (am)

Case 2:15-cv-01151-MV-SMV Document 120 Filed 07/27/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ERIK KHAN,
Plaintiff,
v.

No. 15-cv-1151 MV/SMV

CHRIS BARELA, BOARD OF COUNTY
COMMISSIONERS OF DOÑA ANA COUNTY,
ARAMARK CORPORATION,
BILL STICKLES, and DAVID BEAM,
Defendants.1
ORDER TO RE-ISSUE NOTICE AND WAIVER-OF-SERVICE FORM
AS TO DEFENDANT ARAMARK
THIS MATTER is before the Court on Plaintiff’s Motion for Order Directing United States
Marshals Service to Effect Formal Service on Defendant Aramark [Doc. 117], filed July 24, 2020.
On May 1, 2020, this Court directed that notice, the waiver-of-service form, and the Third
Amended Complaint [Doc. 100] be mailed to Defendant Aramark. [Doc. 99]. Because more
than 60 days have passed and Defendant Aramark has not waived service, Plaintiff requests that
personal service be attempted by the Marshals Service.

[Doc. 117] at 1 (citing 28 U.S.C.

§ 1915(d)). However, in his Motion, Plaintiff provides a new address for Defendant Aramark that
he has not provided before:
Aramark Correctional Services
CT Corporation Systems
206 S. Coronado Ave
Española NM 87532-2792

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This caption reflects the Defendants listed in the Third Amended Complaint, except that Plaintiff has also substituted
Defendant David Beam or the John Doe Defendant. [Docs. 100, 109].

Case 2:15-cv-01151-MV-SMV Document 120 Filed 07/27/20 Page 2 of 2

Previously, Plaintiff provided that Aramark should be served in care of the Doña Ana
County Detention Center in Las Cruces, [Doc. 77] at 21, and the waiver-of-service form was sent
to that address. See id. Because Plaintiff now provides a new address, it is appropriate to send
the waiver-of-service request to that new address before ordering personal service.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that Plaintiff’s
Motion for Order Directing United States Marshals Service to Effect Formal Service on Defendant
Aramark [Doc. 117] is GRANTED IN PART and DENIED IN PART.
The Motion is GRANTED to the extent that the Clerk should re-issue the notice and
waiver-of-service form, and send them, along with a copy of the Third Amended Complaint
[Doc. 100], to:
Aramark Correctional Services
CT Corporation Systems
206 S. Coronado Ave
Española NM 87532-2792
The Motion is DENIED to the extent that it seeks personal service.
IT IS SO ORDERED.
____________________________________
STEPHAN M. VIDMAR
United States Magistrate Judge

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