United States District Court, D. Delaware
ANTHONY A. NASH, Plaintiff,
CONNECTIONS CSP, INC., et al., Defendants.
plaintiff, Anthony A. Nash ("Nash"), an inmate at
the Howard R. Young Correctional Institution, Wilmington,
Delaware, filed this lawsuit pursuant to 42 U.S.C. §
1983. (D.I. 3.) Nash appears pro se and
has paid the filing fee. The operative fourth amended
complaint is found at D.I. 39. Presently before the Court are
several motions filed by the parties. (D.I. 56, 57, 58, 67,
69, 70, 71, 76.)
MOTIONS TO AMEND
moves to amend to add supplemental state tort claims against
the defendants Connections CSP, Inc.
("Connections"), Taurance Bishop ("Dr.
Bishop"), and proposed new defendant Jason Justinson
("Dr. Justinson") related to dental treatment
provided him. (D.I. 69.) Nash provided a copy of the proposed
supplemental state claims with his motion. He has also filed
a motion for clarification which seeks confirmation that the
court will exercise jurisdiction over the supplemental state
claims. (D.I. 70.) The court will grant the
motions. (D.I. 69, 70.)
will be ordered to file a fifth amended complaint that
contains all federal and state claims in one pleading. Upon
the filing of a fifth amended complaint, a second
supplemental service order will issue. Service will not take
place on the federal and state claims until Nash files a
fifth amended complaint that contains all federal and state
claims in one document. Should Nash fail to file a fifth
amended complaint within the time provided, then service will
proceed on the fourth amended complaint found at D.I. 39 as
set forth in the March 20, 2017 supplemental service order
has amended the complaint numerous times. He is placed on
notice that the court will not entertain further motions to
amend until service packets have been forwarded to the United
States Marshals Service ("USMS") on either the
fifth amended complaint, or the fourth amended complaint
should he fail to timely amend.
MOTIONS REGARDING SERVICE
SNash has filed several letters/motions seeking to amend the
March 20, 2017 supplemental service order and to give him
additional time to comply with that order. (D.I. 56, 57, 58,
68.)Nash had previously sought to serve the
individual medical defendants at the Howard R. Young
Correctional Institution in Wilmington, Delaware, and
Connections at an address in Newark, Delaware, and the USMS
calculated the service fees for seven defendants, totaling
$467.84, based upon the addresses Nash provided.
April 10, 2017, Nash asked the court to issue eight summonses
for the defendants: Connections, Christine Claudio, Karen
Lewis, Tracey Crews, Dr. Taurance Bishop, Mary Helen Stewart
("Stewart"),  Mitchell A. White, and Dr. Phillips.
(D.I. 72.) He also submitted USM-285 forms for the foregoing
defendants. Nash advises the court that he wishes to serve
all medical defendants upon Catherine D. McKay,
Connections' CEO and President at Connections'
corporate address, 3821 Lancaster Pike, Wilmington, Delaware.
It has come to the court's attention that Steven Davis,
Esquire, is the agent authorized to accept service on behalf
of Connections. Nash explains that he has learned that the
HRYCI would not accept service for any of the medical
court will grant the motions to extend time to comply with
the supplemental service order and to amend the supplemental
service order (to the extent that Nash does not file a fifth
amended complaint) so that service of the fourth amended
complaint (D.I. 39) may be attempted upon the eight listed
defendants (including Stewart) at the Connections'
address Nash has provided. (D.I. 56, 57, 58.) The USMS
informs the court that the cost of service totals $525.35
($65.00 x 8 defendants plus $5.35 mileage to 3821 Lancaster
Pike, Wilmington, Delaware). Nash previously remitted $467.84
before moving to amend the supplemental service order.
Therefore, he must submit the difference $57.51 ($525.35 less
$467.84) before service packets with the fourth amended
complaint will be forwarded to the USMS.
extent that Nash proceeds on a newly filed fifth amended
complaint which includes added defendant Dr. Justinson, plus
the eight defendants listed above, the cost of service totals
$590.35 ($65.00 x 9 defendants plus $5.35 mileage to 3821
Lancaster Pike, Wilmington, Delaware). As noted, Nash
previously remitted $467.84. Therefore, for service of the
fifth amended complaint, he must submit the difference
$122.51 ($590.35 less $467.84) before service packets with
the fifth amended complaint will be forwarded to the USMS.
MOTION FOR SANCTIONS
seeks sanctions against the defendant C/O Clark
("Clark") on the grounds that Clark failed to
respond to the court's October 28, 2016 service order.
(D.I. 67.) Nash has failed to set forth adequate grounds for
the imposition of sanctions. In addition, Clark responded to
the order at issue on the same day that Nash filed his motion
for sanction. (D.I. 59.) Accordingly, the court will deny
Nash's motion for sanctions. (D.I. 67.)
MOTION TO SET ASIDE ENTRY OF DEFAULT
March 31, 2017, the court granted Nash's request for
entry of default as to Clark and, on April 4, 2017,
Clark's entry of default was docketed. (D.I. 62, 66.)
Clark filed a waiver of service returned executed and
answered the amended complaint on March 30, 2017, one day
prior to the day that the court granted ...