Rocha 042199 v. Barnett

• Court: District Court, D. Arizona
• Decided: August 2, 2019
• Docket: 2:18-cv-00865
• Status: Unknown

Opinion

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Martinho D Rocha, No. CV-18-00865-PHX-ROS (CDB)

10 Plaintiff, ORDER

11 v.

12 Julia Barnett, et al.,

13 Defendants. 14 15 Plaintiff has been unsuccessful in serving Defendant Julia Barnett, a former Corizon 16 physician. Pending before the Court is a motion filed by Plaintiff to produce Defendant 17 Barnett’s contact information from the American Medical Association and a Report and 18 Recommendation from Magistrate Judge Camille D. Bibles to dismiss Defendant Barnett 19 without prejudice for failure to serve (Docs. 34, 35). 20 In February 2019, counsel for Corizon provided the Court with Defendant Barnett’s 21 last known address, but despite multiple attempts, personal service was unsuccessful 22 (Docs. 24, 29, 30). The Court notes however, that another firm represents Defendant 23 Barnett in another ongoing action in this District concerning the provision of health care. 24 See Terrazas v. Corizon Health Inc., 2:17-CV-00757-DJH. Because both actions relate to 25 Defendant Barnett’s work on behalf of Corizon, the Court will require current counsel for 26 Corizon ask counsel for Defendant Barnett in Terrazas v. Corizon Health Inc. for Barnett’s 27 address.1 If Barnett’s counsel provides a new address, counsel for Corizon must file that

28 1 It is unlikely that Barnett’s address will qualify as protected by the attorney-client privilege. See Viveros v. Nationwide Janitorial Ass’n, Inc., 200 F.R.D. 681, 683 (N.D. Ga. || address under seal within 10 days of this Order. In the alternative, counsel for Corizon 2|| may file a notice accepting service on Defendant Barnett’s behalf. 3 IT IS THEREFORE ORDERED that the Report and Recommendation (Doc. 35) 1s rejected. 5 IT IS FURTHER ORDERED that the Motion for Discovery (Doc. 34) is denied 6|| without prejudice. 7 IT IS FURTHER ORDERED that current counsel for Corizon must confer with 8 || counsel for Barnett and identify an address at which Defendant Barnett can be served. 9 IT IS FURTHER ORDERED counsel for Corizon must either accept service on behalf of Barnett or file Barnett’s address under seal within 10 days of this Order. Upon receipt of that information, the Clerk of the Court shall prepare and send to the U.S. 12 || Marshal a service packet for service of the Summons and Complaint upon Defendant 13 || Barnett. 14 IT IS FURTHER ORDERED that the time for completing service on Defendants 15 || Barnett shall be extended sixty (60) days from the date this Order 1s filed. 16 Dated this 2nd day of August, 2019. 17 _ 18 ( | ( =, 19 Honorable Ros yn Silver 20 Senior United States District Judge 21 22 23 24 25 26 2000) (noting (“the attorney-client privilege applies to a client’s address only when the client communicated the address confidentially, and the legal advice sought involves the 28 address’”’).

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