Jerald #351198 v. Nanos et al

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Evan McCarrick Jerald,
Plaintiff,
vs.
Christopher Nanos, et al.,
Defendants.
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No. CIV 24-363-TUC-CKJ
ORDER
Non-Party NaphCare, Inc. ("NaphCare"), has filed a Request for Confirmation of
Destruction of Inadvertently Disclosed Information (Doc. 114). The Request indicates
NaphCare inadvertently provided Plaintiff Evan McCarrick Jerald ("Jerald") with private
address information. NaphCare states it has requested Jerald destroy the documents
inadvertently provided, all copies of such documents, and any records of the information
contained within those documents. NaphCare requests Jerald file an affidavit with the Court
"confirming that the inadvertently disclosed documents, all copies of the disclosed
documents, and all records of the information contained within those documents have been
destroyed." Motion (Doc. 114, p. 2). NaphCare requests assistance of the Court in
correcting this inadvertent disclosure.
On November 17, 2025, this Court stated:
[T]o protect the privacy of the defendants, the Court will direct the Custodian of
Records, NaphCare Incorporated, to . . . file the protected subpoenaed documents/
information (Attachment to Subpoena, (c) and (d)) under seal in this case[.]"
November 17, 2025, Order (Doc. 107, p. 2). The Court so ordered. Id. Counsel for
NaphCare filed the required documents/information under seal on January 13, 2026. As
Case 4:24-cv-00363-CKJ Document 116 Filed 02/17/26 Page 1 of 3

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1Under 28 U.S.C. § 1746(2), an affidavit requirement may be met by signing, in the
United States, with the following declaration: "I declare (or certify, verify, or state) under
penalty of perjury that the foregoing is true and correct[,]" with the date of execution.
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reflected in the Court's November 17, 2025, Order, the Court recognizes the interests of
NaphCare, as well as it employees, in restricting the private information from Jerald. See e.g.
Sellers v. United States, 902 F.2d 598, 602 (7th Cir. 1990) ("Having the Marshal serve the
papers enables the case to proceed while holding in confidence information in which the
[prison officials] have a strong interest. . . [O]nce [identifying] information has been
provided, the Marshal should be able to obtain a current business address and complete
service."); Pinson v. Fed. Bureau of Prisons, No. CV 21-0185 KWR/DLM, 2024 WL
3026566, at *4 (D.N.M. June 17, 2024) (prisoner plaintiff's "ability to obtain current
addresses of the individual defendants is hindered due to security concerns posed by
providing BOP employees' and former employees' addresses to inmates"). The Court finds
it appropriate to direct Jerald to destroy the documents and affirm that destruction in an
affidavit.1
Accordingly, IT IS ORDERED:
1. 	NaphCare's Request for Confirmation of Destruction of Inadvertently
Disclosed Information (Doc. 114) is GRANTED.
2. 	Jerald SHALL destroy the documents inadvertently provided by NaphCare (i.e.,
subparts (c) and (d) Subpoena to Produce Documents, to wit: all documents provided by
NaphCare which include private address information, copies of such documents, and any and
all documents/records of the information contained within those documents.
3. 	Jerald SHALL file an affidavit or verified statement pursuant to 28 U.S.C. §
1746(2) with the Court within fourteen (14) days of the date of this Order confirming the
inadvertently disclosed documents, all copies of the disclosed documents, and any and all
records of the information contained within those documents have been destroyed .
4. 	The Clerk of Court shall ensure a copy of this Order is provided to Mandi J.
Karvis, counsel for NaphCare, by either electronic notification or by mailing to the following
Case 4:24-cv-00363-CKJ Document 116 Filed 02/17/26 Page 2 of 3

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address:
Mandi J. Karvis
One N. Central Avenue, Suite 860
Phoenix, AZ 85004
Attorney for Non-Party NaphCare, Inc.
DATED this 13th day of February, 2026.
Case 4:24-cv-00363-CKJ Document 116 Filed 02/17/26 Page 3 of 3