Coats v. Kimura et al
Filing
60
ORDER signed by Magistrate Judge Kendall J. Newman on 6/24/11 ORDERING Plaintiff's June 2, 2011 motion (dkt. no. 57) is granted; Plaintiff's June 2, 2011 motion for extension of time to serve defendant Chambers (dkt. no. 56) is granted; pla intiff is granted an additional ninety days in which to accomplish service of process for defendant Chambers; Plaintiff's June 2, 2011 motion to extend the discovery deadline (dkt. no. 56) is denied; Counsel for defendants shall take all steps n ecessary to assist the United States Marshal in locating an address for service of process on defendant Dr. Chambers and shall report to the court within twenty days whether he has been able to provide a valid address to the U.S. Marshal and, if not , why no address can be found; The U.S. Marshal shall maintain the confidentiality of any service address information provided by counsel for defendants. Should an address be provided, the U.S. Marshal shall, upon receipt of that address, take all st eps necessary to request a waiver of service and/or to personally serve defendant Dr. Chambers in accordance with the provisions of this court's December 20, 2010 and May 11, 2011 orders; The Clerk of the Court is directed to serve a copy of this order on the U.S. Marshal; Plaintiff's June 20, 2011 motion to compel (dkt. no. 58) is denied. (cc USM-paper)(Matson, R)
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
WILLIAM THOMAS COATS,
11
12
13
14
Plaintiff,
vs.
T. KIMURA, et al.,
Defendants.
15
16
No. 2:09-cv-1830 KJN P
ORDER
/
Plaintiff is proceeding in forma pauperis pursuant to 28 U.S.C. § 1915. By order
17
filed November 9, 2010, the court determined that plaintiff’s complaint states a potentially
18
cognizable claim for relief against defendant Dr. Chambers and ordered plaintiff to provide
19
information for service of process on form USM-285. Service directed to such defendant has
20
twice been returned unexecuted.
21
Plaintiff has now filed a motion to extend time to accomplish service of process
22
on defendant Chambers, and a request to extend the discovery deadline so that plaintiff may
23
continue his efforts to locate defendant Chambers. On June 2, 2011, plaintiff filed a motion
24
asking the court to assist plaintiff in locating defendant Chambers. Plaintiff contends that he has
25
exhausted all means available to him to find an appropriate address for service of process on such
26
defendant and he now seeks further assistance in locating such defendant. To that end, plaintiff
1
1
2
has identified defendant Dr. Chambers as a psychiatrist who worked at DVI in 2008.
Pursuant to this court’s prior orders, if defendant did not return a waiver of service
3
of summons within sixty days from the date of mailing the request for waiver, the United States
4
Marshal was to personally serve process on defendant Pinkerton, “command all necessary
5
assistance from the California Department of Corrections and Rehabilitation (CDCR) to execute
6
this order” and “maintain the confidentiality of all information provided by the CDCR pursuant
7
to” that order. (Dkt. No. 28.) According to the information provided on the USM-285 form
8
returned by the U.S. Marshal and filed on March 23, 2011, the prison facility advised the U.S.
9
Marshal on December 27, 2010, that defendant Dr. Chambers was no longer employed at DVI,
10
and had moved out of state. (Dkt. No. 40.) The information provided on the USM-285 form
11
returned by the U.S. Marshal and filed on May 24, 2011, the mail was returned stamped, “not
12
deliverable as addressed -- unable to forward.” (Dkt. No. 55.) Counsel for defendants is directed
13
to take all steps necessary to assist the United States Marshal in locating an address for service of
14
process on defendant Chambers.
15
Finally, on June 20, 2011, plaintiff filed a motion to compel responses to
16
interrogatories. First, the discovery deadline expired on June 3, 2011. (Dkt. No. 31.) Plaintiff’s
17
motion was signed on June 25, 2011; accordingly, plaintiff’s motion is untimely. Second,
18
plaintiff’s motion does not comply with this court’s February 14, 2011 discovery order. (Id.)
19
Plaintiff refers to “several of the lst set of interrogatories,” but fails to provide the specific
20
interrogatories and responses challenged. Third, to the extent plaintiff seeks to compel answers
21
to interrogatories propounded in an effort to locate defendant Chambers, the motion is moot in
22
light of the instant order. For all of these reasons, plaintiff’s June 20, 2011 motion is denied.
23
Accordingly, IT IS HEREBY ORDERED that:
24
1. Plaintiff’s June 2, 2011 motion (dkt. no. 57) is granted.
25
2. Plaintiff’s June 2, 2011 motion for extension of time to serve defendant
26
Chambers (dkt. no. 56) is granted; plaintiff is granted an additional ninety days in which to
2
1
accomplish service of process for defendant Chambers.
2
3
3. Plaintiff’s June 2, 2011 motion to extend the discovery deadline (dkt. no. 56) is
denied.
4
4. Counsel for defendants shall take all steps necessary to assist the United States
5
Marshal in locating an address for service of process on defendant Dr. Chambers and shall report
6
to the court within twenty days whether he has been able to provide a valid address to the U.S.
7
Marshal and, if not, why no address can be found.
8
9
5. The U.S. Marshal shall maintain the confidentiality of any service address
information provided by counsel for defendants. Should an address be provided, the U.S.
10
Marshal shall, upon receipt of that address, take all steps necessary to request a waiver of service
11
and/or to personally serve defendant Dr. Chambers in accordance with the provisions of this
12
court’s December 20, 2010 and May 11, 2011 orders.
13
14
6. The Clerk of the Court is directed to serve a copy of this order on the U.S.
Marshal.
15
16
7. Plaintiff’s June 20, 2011 motion to compel (dkt. no. 58) is denied.
DATED: June 24, 2011
17
18
_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
19
20
coat1830.svc
21
22
23
24
25
26
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?