Free Order to Show Cause - District Court of Colorado - Colorado

Case 1:04-cv-01841-EWN-CBS

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IN THE UNITED STATES DISTRICT COUEHTEOf.,I.~~Q)tRr FOR THE DISTRICT OF COLORADO DENVER, COlORADO Civil Action No. 04-N-1841 (CBS)
SANDRA BAFIA, Plaintiff, GREGORY C. LANGHAM ClEAK

BOARD OF COUNTY COMMISSIONERS,WASHINGTON COUNTY, COLORADO, in their

official and individual capacities,
BOARD OF COUNTY COMMISSIONERS, BOULDER COUNTY, COLORADO, in their

official and individual capacities,
FORMER WASHINGTON COUNTY SHERIFF ALBERT ENGLISH, in his official and individual capacity,

WASHINGTONCOUNTY DEPUTY MARSHATRAXLER, in her official and individual capacity,
WASHINGTON capacity, FORMER capacity, COUNTY DEPUTY BARBRAVANWINCKLE, GEORGE in her official and individual and individual BOULDER COUNTY SHERIFF EPP, in his official

BOULDERCOUNTYDEPUTYFORNETT,in his official and individual capacity, BOULDERCOUNTYDEPUTYRAY ROMANO,in his official and individual capacity, BOULDERCOUNTYJAIL NURSE"BILL" LNU, in his official and individual capacity, JOHN DOE BOULDERCOUNTYSHERIFF'SDEPUTIES,in their official and individual capacities,
JOHN DOE WASHINGTON COUNTY SHERIFF'S DEPUTIES, in their official and

individual capacities, Defendants.
ORDER TO SHOW CAUSE This civil action came before the court on March 9, 2005 for a preliminary pretrial conference. Pursuant to the September 7, 2004 Order of Reference, this civil action was referred to the Magistrate Judge to, inter alia, "[h]ear and determine any pretrial matter.

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1.

Fed. R. Civ. P. 4(c)(1) provides: "A summons shall be served together with a copy of the complaint. The plaintiff is responsible for service of a summons and complaint within the time allowed under subdivision (m) and shall furnish the person effecting service with the necessary copies of the summons and complaint.

Fed. R. Civ. P. 4(m) provides:
"If service of the summons and complaint is not made upon a defendant within 120 days after the filing of the complaint, the court, upon motion or on its own initiative after notice to the plaintiff, shall dismiss the action without prejudice as to that defendant or direct that service be effected within a specified time; provided that if the plaintiff shows good cause for the failure, the court shall extend the time for service for an appropriate period. . . .

This civil action was filed on September 3, 2004 Upon review, the courtnotes that no
proof of service on Defendants English, Traxler, Vanwinckle, Romano, or "Nurse Bill LNU"

has been filed in this case and more than 120 days has passed since the filing of the Complaint. Pursuant to D.C.COLO.LCivR 41.1, "[a]judicial officer may issue an order to show

causewhy a case should not be dismissed for lack of prosecution or for failure to comply
with these rules, the federal Rules of Civil Procedure, or any court order. If good cause is not shown within the time set in the show cause order, a district judge order of dismissal with or without prejudice." D.C.COLO.LCivR 41.1. may enter an

2,

There is no provision in the Federal Rules of Civil Procedure for the naming of

fictitious or anonymous parties in a lawsuit. Watson v. Unipress,/nc., 733 F.2d 1386, 1388

(10th Gir. 1984); Coe v. U.S. Dist. CourlforDist. of Colorado, 676 F.2d 411,415 (10th Gir. 1982) To the contrary, the Federal Rules provide:

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"[e]very pleading shall contain a caption setting forth the name of the court,
the title of the action, the file number, and a designation as in Rule 7(a). In the complaint, the title of the action shall include the names of all the parties "

Fed. R. Civ. P. 10(a), The time period established by the Scheduling Order (filed
December 13, 2004) for joinder of parties and amendment of pleadings has expired and Plaintiff has not identified the John Doe Defendants. Accordingly,

IT 15 ORDEREDthat Plaintiff shall on or before March 31, 2005 show good
cause if any she has in writing why service was not made on Defendants English,

Traxler, Vanwinckle, Romano, and "Nurse Bill LNU" within 120 days after the filing of the Complaint and why the John Doe Defendants should not be dismissed from this civil action. In the event that no good cause is shown, Defendants English, Traxler, Vanwinckle, Romano, "Nurse Bill LNU," and the John Doe Defendants may be dismissed without prejudice from this civil action without further notice.

BY THE COURT:

B. S er United States Magistrate Judge

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Craig B. Shaffer CERTIFICATE OF MAILING Civil Action No. 04-N-1841(CBS)

I herebycertify that a copy of this ORDER TO SHOW CAUSE datedMarch 11,2005, enteredby MagistrateJudgeC. B. Shafferwas servedby depositing samein the United States the mail, postageprepaid,this 1r!::"day March,2005,to the following persons: of David A. Lane,Esq. Marcel Krzystek,Esq.
KILlMER, LANE & NEWMAN, LLP

AndrewR.

Macdonald

1543Champa Street,Ste.400 Denver,CO 80202 and Michelle L. Lazar,Esq.
LAw OFFICES OF MICHEl1..E L. LAZAR

Assistant County Attorney BOUlDERCOUNTY ATTORNEY P.O. Box 471 Boulder, CO 80306 Counsel for "Boulder" Defendants

600 CherrySt., Suite305 Denver,CO 80246 Counsel Plaintiff for

Jonathan Cross,Esq. A. SeanJ. Lane,Esq.
CROSS,SANDS & SARESPC

400 SouthColoradoBlvd. Suite900 Denver,CO 80246 Counsel for "Washington" Defendants