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Spencer v. Brott

United States District Court, D. Minnesota

November 21, 2019

MARVIN SPENCER, Plaintiff,
v.
JOEL L. BROTT, Sheriff; DR. TODD LEONARD, Physician; MICHELL SKROCH, BSIU/CCHD Nursing Dir.; GWEN BLOSSOM ENGLAND, CNP, RN; DR. DIANA VANDERBEEK, Assistant Physician; CAPT. TOM ZERWAS; SGT. TRAVIS LINDSTROM; SGT. BRAD BOHN, Badge #3419; C/O JIM ROURKE, Badge #3341; C/O ANNE HERBST, Badge #3473; C/O JOHNNIE GILBERT; C/O LISA SHORE, Badge #2163; C/O JOSHUA JESBERG, Badge #3304; C/O CATHERINE KOCH, Badge #2145; C/O OLUWASEUN JIBOWU, Badge #3397; C/O DENISE COOK; C/O TAMMY BOROS; C/O NICHOLAS SIMON, Badge #3384; C/O LOGAN BARRETT, Badge #3305; C/O YVONNE ADAMS, Badge #1757; C/O AMY KAHLER, Badge #1901; C/O DAN WORBER, Badge #3360; C/O LAURA HOLMQUIST, Badge #1719; and C/O LORI BENNETT, Badge #1409, Defendants. MARVIN SPENCER, Plaintiff,
v.
JOEL L. BROTT, Sheriff; DR. TODD LEONARD, Physician; MICHELL SKROCH, BSIU/CCHD Nursing Dir.; GWEN BLOSSOM ENGLAND, CNP, RN; DR. DIANA VANDERBEEK, Assistant Physician; CAPT. TOM ZERWAS; SGT. ARIC HANSON, Badge #3401; SGT. REBECCA BEAL, Badge #3418; SGT. TRAVIS LINDSTROM, Badge #; SGT. BRAD BOHN, Badge #3419; C/O JIM ROURKE, Badge #3341; C/O ANNE HERBST, Badge #3473; C/O JOHNNIE GILBERT, Badge #; C/O LISA SHORE, Badge #2163; C/O JOSHUA JESBERG, Badge #3304; C/O CATHERINE KOCH, Badge #2145; C/O OLUWASEUN JIBOWU, Badge #3397; C/O DENISE COOK; C/O TAMMY BOROS, Badge #; C/O NICHOLAS SIMON, Badge #3384; C/O LOGAN BARRETT, Badge #3305; C/O YVONNE ADAMS, Badge #1757; C/O AMY KAHLER, Badge #1901; C/O DAN WORBER, Badge #3360; C/O LAURA HOLMQUIST, Badge #1719; C/O LORI BENNETT, Badge #1409; C/O CHRISTOPHER HANSEN, Badge #1074; C/O THERESA KLINGE, Badge #; JENNIE R. THOMPSON, RN; GWENDOLYN BLOSSOM ENGLAND, RN; ALYSSA PFEIFER, RN; MICHELLE SKROCH, RN; MINDI JOHNSON, CMA; BRIONY BOHN, LPN; CASSANDRA JAMES, RN; and KAYLA HERTENSTEIN, RN, Defendants.

          ORDER

          Tony N. Leung United States Magistrate Judge

         I. DR. LEONARD, SKROCH & BLOSSOM ENGLAND SHALL ANSWER OR OTHERWISE RESPOND IN SPENCER II

         Pro se Plaintiff Marvin J. Spencer returned completed Marshal Service Forms for Defendants Dr. Todd Leonard, Michelle Skroch, and Gwen Blossom England, among others, on April 24, 2019. On May 17, 2019, Notices of a Lawsuit and Requests to Waive Service of a Summons were sent to Dr. Leonard, Skroch, and Blossom England in Spencer I, No. 17-cv-5035, and Spencer II, No. 17-cv-5220. (ECF No. 58 in No. 17-cv-5035; ECF No. 38 in No. 17-cv-5220.)

         Dr. Leonard, Skroch, and Blossom England filed a waiver of service on June 14, 2019 in Spencer I, (ECF No. 69 in No. 17-cv-5035), and subsequently filed an Answer in that matter on June 27, 2019, (ECF No. 73 in No. 17-cv-5035).[1] Thus, notwithstanding that Dr. Leonard, Skroch, and Blossom England were sent Notices of a Lawsuit and Requests to Waive Service of a Summons in both Spencer I and II on the same day, they only filed a waiver and an Answer in Spencer I.

         Spencer I and II were previously consolidated. (ECF No. 32 in No. 17-cv-5035; ECF No. 16 in No. 17-cv-5220.) While “consolidation is permitted as a matter of convenience and economy in administration, . . . it does not merge the suits into a single cause, or change the rights of the parties, or make those who are parties in one suit parties in another.” Hall v. Hall, 138 S.Ct. 1118, 1127 (2018) (quotation omitted); see also Horizon Asset Mgmt. Inc. v. H & R Block, Inc., 580 F.3d 755, 769 (8th Cir. 2009) (“A consolidated case retains its independent status . . . .” (quotation omitted)).

         Accordingly, Dr. Leonard, Skroch, and Blossom England shall answer or otherwise respond to the Complaint in Spencer II within 10 days from the date of this Order.

         If no answer or other response is filed by Dr. Leonard, Skroch, and Blossom England in Spencer II within 10 days from the date of this Order, Plaintiff shall file an application for entry of default or motion for default in Spencer II within 30 days of the date of this Order. In the event that Dr. Leonard, Skroch, and Blossom England do not file an answer or other response in Spencer II within 10 days from the date of this Order and Plaintiff does not file an application for entry of default or motion for default in Spencer II within 30 days of the date of this Order, the Court will recommend that Dr. Leonard, Skroch, and Blossom England be dismissed from Spencer II.

         Alternatively, the parties may advise the undersigned in writing of any good cause to the contrary.

         II. MOTION FOR DOCKET SHEET

         Plaintiff has filed a motion requesting a copy of the docket in Spencer I. Plaintiff's Motion for Docket Sheet (ECF No. 83 in No. 17-cv-5035) is GRANTED.[2] Although Plaintiff has only requested a copy of the docket in Spencer I, the Court will direct that he be provided a copy of the docket in Spencer II as well. The Clerk of Court shall provide Plaintiff with copies of the docket in Spencer I and II.

         III. REMEDIES

         Failure to comply with any provision of this Order or any other prior consistent Order shall subject the non-complying party, non-complying counsel and/or the party such counsel represents to any and all appropriate remedies, sanctions and the like, including without limitation: assessment of costs, fines and attorneys' fees and disbursements; waiver of rights to object; exclusion or limitation of witnesses, testimony, exhibits, and other evidence; striking of pleadings; complete or partial dismissal with prejudice; entry of whole or partial default judgment; and/or any other relief that this Court may from time to time deem appropriate.

         IT ...


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