Jameson

BACKGROUND

Procedural Background Plaintiff filed his complaint on December 10, 2001, asserting causes of action for, among other things, nonpayment of wages. Plaintiff alleged that, while incarcerated, he was forced by defendants to work and was assigned to a private company but defendants failed to pay him for his work. A returned document form dated November 21, 2005, indicated that proof of service for defendants and the original summons were both required for entry of default. Two of the defendants, John Ratelle and Timothy Marsh, filed a case management statement on May 31, 2006. Among other things, they sought a judicial determination of which of the named defendants were “at issue.” In an attachment to a case management order, dated May 31, 2006, an attorney for Ratelle and Marsh stated that the only evidence of service of the complaint on any defendant was summonses signed by a deputy attorney general on behalf of Ratelle and Marsh who did not actually have authority to sign for them.2 According to the attorney, there was no

Notices and acknowledgments of receipt signed by Deputy Attorney General Tami Warwick purportedly on behalf of Ratelle and Marsh appear as…