Corbett v. Perry et al

Filing 44

ORDER granting 43 Motion for Appropriate Relief Regarding Sealed Executed Summonses. Signed by District Judge Max O. Cogburn, Jr on 3/1/2019. (Pro se litigant served by US Mail.)(brl)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:18-cv-103-MOC
STANLEY CORBETT, JR.,

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Plaintiff,
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vs.
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FRANK PERTY, et al.,
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Defendants.
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__________________________________________)

ORDER

THIS MATTER is before the Court on Intervenor Maxim Healthcare Services, Inc.’s,
Motion for Appropriate Relief Regarding the Sealed Executed Summonses, (Doc. No. 43).
Pro se Plaintiff filed this civil rights suit pursuant to 42 U.S.C § 1983. The Complaint
passed initial review on claims against several individuals including Defendants Randy Vanscoten
and Susan Patch. (Doc. Nos. 1, 9). Maxim, the former employer of Defendants Vanscoten and
Patch, filed a Motion to Intervene for Limited Purposes to protect its interests and on behalf of
those Defendants, which was granted. (Doc. Nos. 40, 42). The summonses for Defendants
Vanscoten and Patch were filed under seal pursuant to Local Rule 4.3 because the pro se Plaintiff
is incarcerated. See LCvR 4.3(c), (Doc. Nos. 15, 38, 39). Maxim now seeks permission to view
the sealed summonses for Defendants Vanscoten and Patch to determine whether service was
defective. (Doc. No. 43).
Maxim’s Motion will be granted and the Clerk of Court will be directed to send the sealed
summonses for Defendants Vanscoten and Patch, (Doc. Nos. 38, 39), to counsel for Maxim
through ECF’s email program.
IT IS THEREFORE ORDERED that:
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1.

Intervenor Maxim Healthcare Services, Inc.’s, Motion for Appropriate Relief
Regarding the Sealed Executed Summonses, (Doc. No. 43), is GRANTED.

2.

The Clerk of Court is respectfully instructed to send the summonses for Defendants
Vanscoten and Patch, (Doc. Nos. 38, 39), to counsel for Maxim through ECF’s
email program.
Signed: March 1, 2019

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