Free Order on Motion to Amend/Correct - District Court of Delaware - Delaware


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Date: May 4, 2007
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Category: District Court of Delaware
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Case 1 :05-cv—OOO33-GIVIS Document 29 Filed 05/O4/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
A JAMAH K. GROSVENOR, )
Plaintiff, i
v. i Civil Action No. 05-33-GMS
THOMAS CARROLL, et al., g
n Defendants. g
SUPPLEMENTAL SERVICE ORDER
WHEREAS, the plaintiff Jamah K. Grosvenor, a prisoner incarcerated at the Delaware
Correctional Center ("DCC"), filed his original complaint pursuant to 42 U.S.C. § 1983, on April
l0, 2006 (D.I. 2),
WHEREAS, the complaint names as defendants John/Jane Doe members of the Multi-
Disciplinary Team ("MDT"), and John/Jane Doe members of the Institutional Base Classification
Committee (“IBCC");
WHEREAS, on March 30, 2006, the court ordered defendants Jim Simms ("Simms")
and Evelyn Stevenson ("Stevenson") to identify the Jane/John Doe defendants as soon as
possible after the complaint was served; _
_ WHEREAS, Grosvenor was ordered to immediately move the court for an order directing
amendment of the caption and service of the complaint upon leaming the identification of the
J ane/J ohn Doe defendants;
WHEREAS, Simms and Stevenson executed waivers of service on May 3, 2006, and
May 8, 2006, respectively (D.I. 10, ll);

Case 1:05-cv—OOO33-Gl\/IS Document 29 Filed 05/O4/2007 Page 2 of 4
WHEREAS, on October 5, 2006, Grosvenor filed a motion to amend the complaint
identifying one IBCC Doe defendant as Jayme Jackson and identifying one MDT Doe defendant
as Sgt. P. Wallace and correcting the name of the defendant Joseph Ballinger to Joseph Belanger
. (D.I. 23);
WHEREAS, on December 28, 2006, Grosvenor filed a motion to amend the complaint
identifying one MDT Doe defendants as Lt. Seacord and one IBCC Doe defendant as Cindy
Atallian, and to correct the name of the defendant P. Wallace to Sgt. Wallace (D.I. 26);
WHEREAS, the motion makes reference to a discovery request filed by Grosvenor, but
insufficient information was provided to the court regarding the issue;
THEREFORE, at Wilmington this Hgiday of [fig? , 2007, IT IS
ORDERED that:
l. The clerk of the court shall cause a copy of this order to be mailed to the plaintiff.
2. The plaintiffs motion (D.I. 26) is GRANTED in part and DENIED in part, as
follows: the motion to compel discovery is DENIED without prejudice, and the motion to
amend/correct is GRANTED.
3. The clerk of the court is directed to amend the cotut docket by changing the name
P. Wallace to Sgt. Wallace. The clerk of the court is also directed to amend the court docket to
change the name of John/Jane Doe M.D.T. to Lt. Seacord and the name of Johrr/Jane Doe IBCC
to Cindy Atallian.
IT IS FURTHER ORDERED that;
1. This order shall supplement the cou1t’s service order (D.I. 6) dated March 31,
2006.
2

Case 1:05-cv—OOO33-Gl\/IS Document 29 Filed 05/O4/2007 Page 3 of 4
2. Pursuant to Fed. R. Civ. P. 4(c)(2) and (d)(2), the plaintiff shall complete and
return to the clerk of the court an original "U.S. Marshal-285" form for the identified Doe
defendants, Lt. Seacord and Cindy Atallian, as well as for the Attorney General of the State of
Delaware, 820 N. FRENCH STREET, WILMINGTON, DELAWARE, 19801, pursuant to DEL.
i CODE ANN. tit. 10 § 3103(C). Additionally, the plaintiff shall provide the court with copies of
the complaint (D.I. 2) for service upon each identified Doe defendants. The plaintiff is
notified that the United States Marshal will not serve the complaint until all "U.S. Marshal
285" forms have been received by the clerk of the court. Failure to provide the "U.S.
‘ Marshal 285" forms for the newly identified defendants and the attorney general within
120 days from the date of this order may result in the complaint being dismissed or the
newly identified defendants being dismissed pursuant to Federal Rule of Civil Procedure
4(m).
3. Upon receipt of the form(s) required by paragraph 2 above, the United States
Marshal shall forthwith serve a copy of the complaint, this order, a "Notice of Lawsuit" form, the
filing fee order(s), and a "Return of Waiver" form upon the additional defendant identified in the
285 form.
4. Within thirty (30) days from the date that the "Notice of Lawsuit" and "Retum of
Waiver" forms are sent, if an executed "Waiver of Service of Summons" form has not been
received from a defendant, the United States Marshal shall personally serve said defendant(s)
pursuant to Fed. R. Civ. P. 4(c)(2) and said defendant(s) shall be required to bear the cost related
to such service, unless good cause is shown for failure to sign and return the waiver.
5. Pursuant to Fed. R. Civ. P. 4(d)(3), a defendant who, before being sewed with
3

Case 1:05-cv—OOO33-Gl\/IS Document 29 Filed 05/O4/2007 Page 4 of 4
process timely returns a waiver as requested, is required to answer or otherwise respond to the
complaint within sixty (60) days from the date upon which the complaint, this order, the "Notice
of Lawsuit" form, and the "Return of Waiver" form are sent. If a defendant responds by way of a
motion, said motion shall be accompanied by a brief or a memorandum of points and authorities
and any supporting affidavits.
6. No communication, including pleadings, briefs, statement of position, etc., will be
considered by the Court in this civil action unless the documents reflect proof of service upon the
parties or their counsel.
7. NOTE: *** When an amended complaint is filed prior to service, the Court will
VACATE all previous Service Orders entered, and service will not take place. An amended
complaint tiled prior to service shall be subject to re-screening pursuant to 28 U.S.C. §l9l 5(e)(2)
and § l915A(a).***
8. Note: *** Discovery motions and motions for appointment of counsel filed prior
to service will be dismissed without prejudice, with leave to refile following service. ***
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