Leekley-Winslow v. Fairview Health Services

Background

Colton Leekley-Winslow filed two motions. First, he asked for additional time to file United States Marshals Service forms needed to serve three unidentified defendants: “Nurse 1,” “Detention Team Member 1,” and “Psych Associate 1.” Second, he asked to conduct discovery earlier than usual and to compel Fairview Health Services to disclose the identities of those defendants.

The court had previously granted Leekley-Winslow permission to proceed without paying filing fees and had ordered him to complete and return the service forms within 30 days. Fairview had not waived service or otherwise been served. Fairview told the court that it was working to identify the unknown defendants, and Leekley-Winslow acknowledged that effort in his motion for an extension.

Court’s analysis

The court found good cause to extend the service deadline. It relied on Leekley-Winslow’s diligent pursuit of his claims, his timely request for an extension, and Fairview’s stated efforts to identify the unknown defendants. The court concluded that a moderate extension was reasonable.

The court determined that early discovery and compelled discovery were unnecessary at that time because Fairview was voluntarily working with Leekley-Winslow to provide the requested information. The court also stated that, because Fairview had not been served or waived service, the court had no jurisdiction over Fairview.

Order

Judge Katherine M. Menendez’s order granted Leekley-Winslow’s motion for an extension of time to file the service forms. The deadline was extended by 60 days from the date of the order. The order denied without prejudice Leekley-Winslow’s motion to allow earlier discovery and to compel discovery. The parties were encouraged to work together to identify the unknown defendants.