MacArthur v. Garden et al, No. 2:2015cv00117 - Document 27 (D. Utah 2018)

Court Description: MEMORANDUM DECISION & ORDER: The Court has directed the United States Marshals Service to serve process in this case. See order for details. Signed by Judge Dee Benson on 05/29/2018. (kpf)
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MacArthur v. Garden et al Doc. 27 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH BRET GOLDEN MACARTHUR, Plaintiff, MEMORANDUM DECISION & ORDER v. KENNON TUBBS et al., Defendants. Case No. 2:15-CV-117 DB District Judge Dee Benson The Court has directed the United States Marshals Service to serve process in this case. See Fed. R. Civ. P. 4(c)(2). To do so, by statute, the United States Marshal "shall command all necessary assistance to execute its duties." See 28 U.S.C.S. ยง 556(c) (2018). The Complaint identifies the following State of Utah employees as defendants: Kennon Tubbs Logan Clark Raymond Merrill Aaron Douglas Jeremy Wendler Wayne Freestone David Angerhofer Officer Hughes Lieutenant Green Sergeant Gurney Sergeant Drake Officer Laursen Lieutenant DeMill John Doe I (emergency medical technician working pill line on September 2, 2011) Service of process on current government employees may be effected via authorized agent. If any of the named defendants are no longer employed by the State or the State is not authorized to accept service for any of these individuals, more information must be obtained from the State to complete service. Accordingly, IT IS HEREBY ORDERED that: If the State is unable to accept service of process for the defendants identified above, the State shall disclose to the United States Marshals Service any information in its records that may help in identifying, locating and completing service of process upon the named defendants. Such information shall include, but is not limited to, the defendants' full names and any known aliases, dates of birth, Social Security numbers, driver's license numbers, all previous addresses, and last known addresses on file. The U.S. Marshal shall take all necessary measures to safeguard any personal information provided by the State to ensure that it is not disclosed to anyone other than the U.S. Marshals Service or Court officers. IT IS SO ORDERED. DATED this 29th day of May, 2018. BY THE COURT: JUDGE DEE BENSON United States District Court 2