Hammler v. Haas, et al.

Filing 32

ORDER signed by Magistrate Judge Allison Claire on 08/10/17 ordering that the order to show cause filed 07/31/17 28 is discharged. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALLEN HAMMLER,

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Plaintiff,

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No. 2:15-cv-2266 AC P

v.

ORDER

HAAS, et al.,

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Defendants.

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Mr. Andrada, counsel for defendant Haas, has promptly filed a satisfactory response to the

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undersigned’s order to show cause filed July 31, 2017. See ECF Nos. 28, 31. Mr. Andrada avers

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that the U.S. Marshal informed defendant he need not answer the complaint until 60 days after the

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date the signed waiver of service was timely filed. See ECF No. 31-1 at 3; see also Andrada

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Decl., ECF No. 31. Although Mr. Andrada’s construction of the U.S. Marshal’s language is not

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unreasonable, such construction is inconsistent with the Federal Rules of Civil Procedure. See

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Fed. R. Civ. P. 4(d)(3), 12(a)(1)(A)( ii). Nevertheless, Mr. Andrada has filed his response in

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good faith and now filed an answer on behalf of defendant Haas. See ECF No. 30.

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Accordingly, for good cause shown, IT IS HEREBY ORDERED that the order to show

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cause filed July 31, 2017, ECF No. 28, is DISCHARGED.

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DATED: August 10, 2017

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