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Latimer v. Kolender

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


July 24, 2009

DEREK FRANK LATIMER, PLAINTIFF,
v.
WILLIAM B. KOLENDER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Jan M. Adler U.S. Magistrate Judge

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR AN ORDER COMPELLING DISCOVERY

[Doc. No. 99]

On July 9, 2009, nunc pro tunc July 2, 2009, Plaintiff filed a "Motion for Order Compelling Discovery," requesting that Defendants' counsel disclose the addresses of the remaining un-served defendants for the purpose of serving those defendants. [Doc. 99]. The Court accepted the motion for filing via Discrepancy Order and further ordered Defendants to file a response by July 22, 2009 [Doc. No. 98].

Defendants filed a response on July 20, 2009 stating that Corazon Roque and Julie Glover are currently employed by the County of San Diego. [Doc. No. 101]. However, neither Corazon Roque nor Julie Glover was named as a defendant in the Fourth Amended Complaint filed on January 6, 2009 [Doc. No. 84]. The Court issued an Order on July 21, 2009 requiring Defendants to identify whether any of the remaining seven unserved Defendants -- Dr. Kama Gulluma, Dr. Arun Swaminath, Dr. Neath Sneathin, Balcita Abalchish, RN, Dr. Paulo Guillinta, Dr. Joshua Lee, or Dr. James Adams -- were currently or formerly employed by the County of San Diego. [Doc. 102].

On July 23, 2009, Defendants filed a Response indicating that nurse Alicia Balcita (named as "Balcita Abalchish, RN" in the Fourth Amended Complaint) is currently employed by the County of San Diego at the George Bailey Detention Facility, but that the remaining six doctor defendants have never been employed by the County. Defendants stated that such doctors are typically employed by the University of California San Diego ("UCSD"). [Doc. 103] Accordingly, it is HEREBY ORDERED that:

1. Plaintiff's motion to compel is GRANTED IN PART. Defendants have already provided Plaintiff with the address/location of nurse Alicia Balcita, the only remaining unserved defendant employed or formerly employed by the County. Plaintiff may request the U.S. Marshall to effect service on Balcita at the George Bailey Detention Facility.*fn1

2. Plaintiff's motion to compel is DENIED IN PART. County Counsel has no obligation to provide addresses for the remaining six defendants who were not employed by the County, but instead were likely employed by UCSD.


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