Lori Wagner v. Copart Inc et al

Filing 13

MINUTE ORDER IN CHAMBERS by Judge George H. King: On July 17, 2014, Plaintiff Lori Wagner ("Plaintiff") filed this action. Review of the docket indicates that Plaintiff has not filed proof of service to Defendant Copart, Inc. ("Defen dant"). Pursuant to Federal Rule of Civil Procedure Rule 4(m), Plaintiff has 120 days from the time of filing to complete service of process and is hereby ORDERED to serve Defendant by November 17, 2014. If Plaintiff fails to serve Defenda nt and file proof of service by November 17, 2014, Plaintiff SHALL, by the same deadline, show cause, in writing, why this case should not be dismissed for failure to comply with Rule 4(m), failure to diligently prosecute, and failure to comply with our Order. Refer to the Court's order for details. (pso)

E-FILED
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 14-5569-GHK (JEMx)

Title

Lori Wagner v. Copart, Inc., et al.

Presiding: The Honorable

Date

August 29, 2014

GEORGE H. KING, CHIEF U. S. DISTRICT JUDGE

Beatrice Herrera

N/A

N/A

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiff:

Attorneys Present for Defendant:

None

None

Proceedings:

(In Chambers) Order to Serve Defendant

On July 17, 2014, Plaintiff Lori Wagner (“Plaintiff”) filed this action. Review of the docket
indicates that Plaintiff has not filed proof of service to Defendant Copart, Inc. (“Defendant”). Pursuant
to Federal Rule of Civil Procedure Rule 4(m), Plaintiff has 120 days from the time of filing to complete
service of process and is hereby ORDERED to serve Defendant by November 17, 2014. We
encourage Plaintiff to serve Defendant at the earliest possible time. As Defendant is a corporation,
Plaintiff can complete service by delivering a copy of the summons and complaint to an officer,
managing or general agent, or any other agent of the Defendant authorized to receive service of process.
Fed. R. Civ. P. 4(h)(1)(B).
If Plaintiff fails to serve Defendant and file proof of service by November 17, 2014, Plaintiff
SHALL, by the same deadline, show cause, in writing, why this case should not be dismissed for failure
to comply with Rule 4(m), failure to diligently prosecute, and failure to comply with our Order. Failure
to timely serve defendant or show cause as required herein shall be deemed Plaintiff’s abandonment of
this action, and this action will be dismissed, without prejudice, for failure to comply with Rule 4(m),
failure to prosecute, and failure to comply with our Order.
IT IS SO ORDERED.

-Initials of Deputy Clerk

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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Bea

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