Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Edson v. Riverview Psychiatric Center

United States District Court, D. Maine

June 13, 2016

ARLENE EDSON, Plaintiff
v.
RIVERSIDE PSYCHIATRIC CENTER, et al., Defendants

          MEMORANDUM OF DECISION ON MOTION TO EXTEND TIME AND FOR SERVICE BY ALTERNATE MEANS

          JOHN C. NIVISON, U.S. MAGISTRATE JUDGE

         In this action, Plaintiff Arlene Edson alleges Defendants violated her rights when they used excessive force against her while she resided at the Riverview Psychiatric Center. Plaintiff requests an extension of time to serve Defendant Kelly Lavigne, and requests leave to serve Defendant Lavigne by alternate means. (Plaintiff’s Motion to Extend Time and to Allow Service on Kelly Lavigne by Alternate Means, ECF No. 37.) The Court grants Plaintiff’s motion.

         Facts

         To date, Plaintiff has not served Defendant Lavigne with the complaint and summons. Plaintiff has attempted to locate and serve Defendant Lavigne as follows:

1. Plaintiff has searched various social media websites; public records databases; and Maine government websites, including the Maine Bureau of Motor Vehicles. Plaintiff has also attempted without success to make telephone contact with Defendant Lavigne through a particular listed telephone number.
2. Plaintiff retained the Kennebec County Sherriff’s Office and the Cumberland County Sheriff’s Office to locate and serve Defendant Lavigne in Kennebec and Cumberland counties. Deputy Harry McKenney of the Kennebec Sheriff’s Office learned that Defendant Lavigne was no longer employed at the Maine Department of Corrections.
3. Plaintiff hired a private investigator, Joseph D. Thornton, Jr. (“Thornton”) and his associate, Alan E. Goodman (“Goodman”) to conduct a public records search, obtain potential addresses for Defendant Lavigne and travel to those addresses in an effort to serve Defendant Lavigne. The addresses include 27 Oak Terrace, Brunswick; 556 Court St., Auburn; 31 Clearview Lane, Topsham; 6 Cyr St., Auburn; 341 Christina Ridge Rd., South Paris; 40 Fuller Mountain Rd., Phippsburg; and 24 Tarbox Rd., Bath. Mr. Thornton learned that Defendant Lavigne now goes by the name of Kelly Atwood Coffin. He made efforts to contact her through a relative who reportedly lived at 24 Tarbox Road in Bath, but was unsuccessful.

(Affidavit of Attorney Daniel G. Lilley ¶¶ 6 - 20, ECF No. 37-1.)

         Plaintiff has incurred approximately $1, 800 in costs in her effort to locate and serve Defendant Lavigne. (Id. ¶ 22.) Despite Plaintiff’s efforts, Plaintiff has been unable to locate and serve Defendant Lavigne. Plaintiff requests permission to serve Defendant by publication in the Portland Press Herald, a newspaper of general circulation available in Cumberland and Sagadahoc Counties in Maine, which comprise four of Defendant Lavigne’s potential residences, including 24 Tarbox Rd., in Bath, where Defendant Lavigne’s relative is believed to live. (Id.) Plaintiff also proposes to serve Defendant Lavigne through publication in the Maine Sunday Telegram, a newspaper of general circulation, which is published every Sunday and is sold statewide.

         Discussion

         A. Extension of Time

         Federal Rule of Civil Procedure 4(m) provides that a party must serve the named defendants within 90 days of filing a complaint. If service is not accomplished in this time, the court may dismiss the defendant from the action, without prejudice, or order that service be made within a specific period. Fed.R.Civ.P. 4(m). On a showing of good cause, the court must extend the time for service for an appropriate period. Id.

         Plaintiff commenced this action by filing her complaint in Maine Superior Court on November 30, 2015. On February 10, 2016, Defendants removed the action to this Court. On that date, the Clerk determined May 10, 2016, as the service of process deadline. On May 6, 2016, Plaintiff filed the instant motion.

         Plaintiff has demonstrated good cause for her need for an extension of time in which to serve Defendant Lavigne. Despite diligent efforts, Plaintiff was not able to serve Defendant Lavigne prior to May 10. Accordingly, the time for service will be extended to ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.