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Nash v. Connections CPS, Inc.

United States District Court, D. Delaware

April 26, 2017

ANTHONY A. NASH, Plaintiff,
v.
CONNECTIONS CSP, INC., et al., Defendants.

          MEMORANDUM

         The 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.[1] (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.)

         I. MOTIONS TO AMEND

         Nash 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.[2] (D.I. 69, 70.)

         Nash 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 (D.I. 53).

         Nash 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.

         II. 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.)[3]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.

         On 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"), [4] 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 defendants.

         The 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.

         To the 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.

         III. MOTION FOR SANCTIONS

         Nash 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.)

         IV. MOTION TO SET ASIDE ENTRY OF DEFAULT

         On 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 ...


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