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United States District Court

Eastern District of California 

Richard Dennis Gamache,

Plaintiff, No. Civ. S 04-0859 RRB PAN P

vs. Order

Brett Williams, et al.,

Defendants.

-oOoPlaintiff is a state prisoner prosecuting a civil rights

action without counsel. 

In his December 14, 2004, amended complaint plaintiff names

as defendants B. Williams, Galloway, Milliman, Todd, D. Williams,

Goodnight, Wolfe, Smith and Friend. Plaintiff claims defendants

violated plaintiff’s constitutional violations in connection with

medical treatment for hepatitis C virus (HCV) and seeks damages

and mandatory injunctive relief including treatment with

pegylated interferon with ribavirin.

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Defendants B. Williams, Galloway, Milliman, Todd, D.

Williams, and Smith answered June 6, 2005. Defendants Wolfe and

Goodnight moved June 21, 2005, to dismiss. Plaintiff is

attempting to locate defendant Friend and serve process upon him.

August 9, 2005, plaintiff moved for leave to file a second

amended and supplemental complaint. Plaintiff’s proposed

pleading names additional defendants Punt, Cooper, Mitchell and

Kanan as participants in the continued failure to provide

appropriate care for plaintiff’s liver disease. No one has

opposed plaintiff’s motion. 

Leave to amend shall be freely given; whether to permit

supplemental pleading is within this court’s discretion. Fed. R.

Civ. P. 15. Claims in the new pleading are closely related to

those in prior pleading, and permitting plaintiff to pursue them

in this action will promote efficiency and judicial economy and

prejudice no one.

October 13, 2005, plaintiff moved to compel a answers to

interrogatories seeking information about the whereabouts of

defendant Friend. Defendants opposed the motion on the grounds

they do not have this information, obtaining it would violate

Friend’s privacy, and the discovery rules do not require them to

conduct an investigation on plaintiff’s behalf. 

Where the information sought is not readily available to

defendants and there is nothing to suggest they intend to use

Friend to support their defenses, defendants’ arguments are well

taken. But see Fed. R. Civ. P. 26 (requiring disclosure of

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addresses and telephone numbers of intended witnesses). However,

if defendants have, or know where information for serving Friend

may be obtained, they must give plaintiff that information. 

Accordingly, the court hereby orders that:

1. Plaintiff’s August 9, 2005, motion for leave to file a

second amended and supplemental pleading is granted. The Clerk

of the Court shall file plaintiff’s proposed second amended and

supplemental complaint.

2. Defendants B. Williams, Galloway, Milliman, Todd, D.

Williams, Smith, Wolfe and Goodnight shall respond to the second

amended and supplemental complaint within 30 days. The motion to

dismiss by Wolfe and Goodnight is denied without prejudice as

relating to a superseded pleading. They may renew arguments

therein when responding to the new pleading.

3. Service is appropriate for defendants Punt, Cooper,

Mitchell and Kanan.

4. The Clerk of the Court shall send plaintiff four USM-285

forms, one summons, an instruction sheet and one copy of the

second amended and supplemental complaint. 

5. Within 30 days from service of this order, plaintiff

shall complete the attached Notice of Submission of Documents and

submit it to the court with the completed summons and USM-285

forms and five copies of the second amended and supplemental

complaint. 

6. Upon receipt of the necessary materials, the court will

direct the United States Marshal to serve defendants Punt,

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Cooper, Mitchell and Kanan pursuant to Federal Rule of Civil

Procedure 4 without payment of costs.

7. Plaintiff’s October 13, 2005, motion to compel is

granted in part. Defendants shall provide whatever information

they have, or readily can obtain, for serving Friend within 10

days. Time to provide information to serve defendant Friend is

extended to March 30, 2006. By that date, plaintiff shall submit

a USM-285 form and copy of the second amended and supplemental

complaint for service on defendant Friend. To obtain Friend’s

address, plaintiff might consider serving subpoenas on Mule Creek

State Prison or the Department of Corrections, see Fed. R. Civ.

P. 45, or contacting the state medical licensing board.

Dated: January 24, 2006. 

 /s/ Peter A. Nowinski 

 PETER A. NOWINSKI

 Magistrate Judge

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United States District Court

Eastern District of California 

Richard Dennis Gamache,

Plaintiff, No. Civ. S 04-0859 RRB PAN P

vs. Notice of Submission of Documents

Brett Williams, et al.,

Defendants.

-oOoPlaintiff hereby submits the following documents in

compliance with the court's order filed :

 completed summons form

 completed forms USM-285 

 copies of the 

 Second Amended and Supplemental Complaint

Dated: 

 _________________________________

Plaintiff

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