Cunzhu et al v. Yahoo Inc. et al

Filing 90

ORDER EXTENDING DEADLINE TO SERVE PEOPLE'S REPUBLIC OF CHINA. The deadline to serve the People's Republic of China is extended to January 20, 2010. If, by January 27, 2010, plaintiffs have not filed a proof of service on the PRC, the Court will dismiss plaintiffs' claims against the PRC, without prejudice. Signed by Judge Maxine M. Chesney on December 28, 2009. (mmclc1, COURT STAFF) (Filed on 12/28/2009)

1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiffs did not provide the Court with a chambers copy of their response. For future reference, plaintiffs are reminded of the following provision in the Court's Standing Orders: "In all cases that have been assigned to the Electronic Case Filing Program, the parties are required to provide for use in chambers one paper copy of each document that is filed electronically. The paper copy of each such document shall be delivered no later than noon on the day after the document is filed electronically. The paper copy shall be marked `Chambers Copy' and shall be delivered to the Clerk's Office in an envelope clearly marked with the judge's name, case number, and `E-Filing Chambers Copy.'"
1

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

CUNZHU ZHENG, et al., Plaintiffs, v. YAHOO! INC. et al., Defendants /

No. C-08-1068 MMC ORDER EXTENDING DEADLINE TO SERVE PEOPLE'S REPUBLIC OF CHINA

United States District Court

Before the Court is plaintiffs' response, filed December 21, 2009, to the Court's December 2, 2009 order directing plaintiffs to show cause why their claims against the People's Republic of China ("PRC") should not be dismissed for failure to prosecute and failure to timely effectuate service.1 In their response, plaintiffs request an additional thirty days to effectuate service on the PRC, noting they have "only recently" been able to hire a translator to translate the operative pleading and also hire an attorney in China who can serve the summons and a

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

copy of the operative pleading on the PRC at an office in Beijing, China. (See Bourke Decl., filed December 21, 2009, ¶ 2.) Although plaintiffs fail to explain why it has taken approximately a year and a half to hire the above-referenced translator and attorney,2 the Court will exercise its discretion to extend the deadline to serve the PRC by an additional thirty days from the date of plaintiffs' December 21, 2009 response. Accordingly, the deadline to serve the PRC is hereby EXTENDED to January 20, 2010. If, by January 27, 2010, plaintiffs have not filed a proof of service on the PRC, the Court will dismiss plaintiffs' claims against the PRC, without prejudice, for failure to prosecute and failure to timely serve. IT IS SO ORDERED.

Dated: December 28, 2009

MAXINE M. CHESNEY United States District Judge

The First Amended Complaint, the pleading in which the PRC was first named as a defendant, was filed June 16, 2008. 2

2