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Ardis v. Jindal

United States District Court, E.D. Michigan, Southern Division

April 9, 2019

KENNETH FOSTER ARDIS, Plaintiff
v.
ROSILYN JINDAL and JANE DOE, Defendants.

          District Judge Linda V. Parker

          ORDER REGARDING IDENTIFICATION OF DEFENDANT NURSE JANE DOE and INITIAL SCHEDULING ORDER

          ANTHONY P. PATTI UNITED STATES MAGISTRATE JUDGE

         A. Plaintiff's complaint names two Defendants.

         Kenneth Foster Ardis is currently incarcerated at the Michigan Department of Corrections (MDOC) Marquette Branch Prison (MBP) in Michigan's Upper Peninsula.[1] Ardis initiated the instant lawsuit in the Western District of Michigan on October 1, 2018. (DE 1.) On October 25, 2018, Plaintiff filed an amended complaint against two Defendants: (1) (Unknown) Jinhal, who is described as a Physician Assistant at Gus Harrison Correctional Facility (ARF); and, (2) Jane Doe, who is described as a Registered Nurse at ARF. (DE 2 ¶¶ 6-7.) Amongst the factual allegations, Plaintiff further describes Jane Doe as the nurse who examined him in late November 2017 and noticed his knees and feet but “only offered Plaintiff Tylenol until seen by a doctor.” (DE 2 ¶ 10.)

         On November 9, 2018, Plaintiff's case was transferred to this Court. (DE 4.)

         B. Only Defendant Jindal has appeared.

         On February 1, 2019, and again on February 4, 2019, the USMS acknowledged receipt of documents for service of process. (DEs 16, 18.) On February 4, 2019, Judge Parker entered an order directing service without prepayment of costs and authorizing the United States Marshal to collect costs after service is made. (DE 15.) Counsel has entered an unqualified appearance on behalf of Rosilyn Jindal, P.A. (DE 20).

         Defendant Nurse Jane Doe has yet to appear, although it seems the MDOC knows her identity. On December 19, 2018, the Attorney General entered an appearance on behalf of Nurse Jane Doe “for the limited purpose of participating in the Early Mediation process in the above-entitled action.” (DE 12.) On the same day, in a motion to exclude the case from early mediation, counsel stated: “it appears that MDOC Defendant Nurse Jane Doe has an affirmative defense which would be dispositive of the entire matter and therefore request that this litigation be excluded from early mediation.” (DE 13 at 1.)

         On April 3, 2019, the Court entered an order, which, in part, required the Attorney General to inform the Court of the status of her representation of Defendant Jane Doe. (DE 24.) On April 5, 2019, the Attorney General filed a response, in which she explained that “no unqualified appearance will be filed until this individual has been properly served.” (DE 25.)

         C. Plaintiff must identify Defendant Nurse Jane Doe.

         Judge Parker has referred this case to me for all pretrial proceedings. Given the foregoing posture of this case, it is now appropriate to enter general case management deadlines. Accordingly, no later than Monday, June 10, 2019, after engaging in some discovery regarding identification, Plaintiff must name Defendant Nurse Jane Doe, after which the Court will direct the USMS to attempt service. If Plaintiff is unable to identify Defendant Nurse Jane Doe, then he risks dismissal of his claims against this Defendant. (See Fed. R. Civ. P. 4(m).)

         D. Initial Scheduling Order

YOU MAY RECEIVE NO FURTHER NOTICE OF THESE DATES

EVENT/ITEM

DEADLINE

Discovery Cut-off (completion)

Thursday, October 10, 2019

Dispositive motion deadline (Note: If Defendants choose to proceed with what turns out to be an unsuccessful motion for dismissal based upon lack of subject matter jurisdiction, they will not be prohibited from subsequently filing one additional dispositive motion on the merits within the deadline herein established.)

Tuesday, November 12, 2019

Deadline for all Motions (other than Motions in Limine)

To be determined

Final Pretrial Conference

To be determined

Trial

To be determined


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