Bugoni v. Jones et al

Filing 20

ORDER: IT IS ORDERED that, by December 28, 2018, Plaintiff shall show cause in writing why this case should not be dismissed. If Plaintiff fails to file a response by December 28, 2018, the Clerk of the Court shall dismiss this case (pursuant to Federal Rule of Civil Procedure 4) and enter judgment accordingly [see attached Order for details]. Signed by Judge Dominic W Lanza on 12/11/18. (MAW)

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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Piero A. Bugoni,

No. CV-18-01876-PHX-DWL

Plaintiff,

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v.

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ORDER

Jontae Jones, et al.,

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Defendants.

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On September 13, 2018, Plaintiff filed an amended complaint naming five

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Defendants: Jontae Jones, Rudy Minares, Ernesto Calderon, Robert Gambee and William

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Abigatti. (Doc. 13). The Court ordered Plaintiff to serve these individuals by October 31,

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2018. (Doc. 14).

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For reasons unknown to the Court, Plaintiff decided to serve all Defendants by

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publication.

(Doc. 18).

However, service was not completed via publication until

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November 7, 2018. (Doc. 17.) Additionally, the time for Defendants to respond to the

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complaint has elapsed (using a November 7, 2018 service date), and no Defendant has

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appeared or responded to the amended complaint.

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Thus, based on the foregoing,

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IT IS ORDERED that, by December 28, 2018, Plaintiff shall show cause in writing

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why this case should not be dismissed for: 1) failure to serve within the time limits of the

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Court’s October 11, 2018 order; and 2) failure to personally serve each Defendant.

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(Although the Court is aware that a plaintiff generally may accomplish service by following

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state-law service rules, see Fed. R. Civ. P. 4(a)(1), and that Arizona law does not require a

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plaintiff to advance permission from the Court to serve by publication, see Ritchie v.

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Salvatore Gatto Partners, L.P., 222 P.3d 920, 923 n.4 (Ariz. Ct. App. 2010), the Court also

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notes that Arizona law only permits service by publication in limited circumstances, see

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Ariz. R. Civ. P. 4.1(1).) If Plaintiff fails to file a response by December 28, 2018, the Clerk

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of the Court shall dismiss this case (pursuant to Federal Rule of Civil Procedure 4) and

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enter judgment accordingly.

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Dated this 11th day of December, 2018.

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