Whitsitt v. Amazon.Com et al

Filing 24

ORDER signed by Magistrate Judge Carolyn K. Delaney on 09/23/16 ORDERING that no later than 12/23/16, plaintiff shall serve summons on defendant Amazon.com along with a copy of the 13 second amended complaint and a copy of this order. No later t han 12/23/16, plaintiff shall file a proof of service of said summons. Plaintiff is cautioned that failure to timely serve summons will result in a recommendation that this action be dismissed. Pursuant to the mandate, this action will proceed solely against defendant Amazon.com on plaintiffs claim for age discrimination based on failure to hire. (Benson, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM WHITSITT,

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Plaintiff,

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No. 2:14-cv-416 TLN CKD PS

v.

ORDER

AMAZON.COM, et al.,

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Defendants.

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Plaintiff is proceeding in this action pro se and in forma pauperis. The action was referred

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to this court by Local Rule 302(c)(21).

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By mandate of the United States Court of Appeals for the Ninth Circuit, filed September

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20, this matter was reversed in part and remanded. ECF No. 23. The appellate court concluded

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that plaintiff had stated a claim against Amazon.com for age discrimination based on failure to

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hire.

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Accordingly, IT IS HEREBY ORDERED that:

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1. No later than December 23, 2016, plaintiff shall serve summons on defendant

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Amazon.com along with a copy of the second amended complaint (ECF No. 13) and a copy of

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this order. No later than December 23, 2016, plaintiff shall file a proof of service of said

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summons. Plaintiff is cautioned that failure to timely serve summons will result in a

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recommendation that this action be dismissed. See Fed. R. Civ. P. 4(m).
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2. Pursuant to the mandate, this action will proceed solely against defendant Amazon.com

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on plaintiff’s claim for age discrimination based on failure to hire.

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Dated: September 23, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 whit416.mand.ser

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