Whitsitt v. Zedlitz et al

Filing 67

ORDER DIRECTING SERVICE ON DEFENDANT R. LANCE & SON AND SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 3/16/2012. Case Management Conference set for 3/23/2012 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge Jeffrey S. White on 12/16/11. (jjoS, COURT STAFF) (Filed on 12/16/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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WILLIAM J. WHITSITT,
Plaintiff,

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For the Northern District of California

United States District Court

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No. C 08-01803 JSW

v.

ORDER DIRECTING SERVICE
ON DEFENDANT R. LANCE &
SON AND SETTING CASE
MANAGEMENT CONFERENCE

JEAN ZEDLITZ, et al.

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Defendants.
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On November 2, 2011, the Ninth Circuit issued an opinion in which it affirmed, in part,

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and reversed, in part, this Court’s Order granting Defendants’ motion to dismiss. In that Order,

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the Court also dismissed a due process claim that Plaintiff asserted against R. Lance & Son.

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The Ninth Circuit reversed and remanded with instructions to direct service upon R. Lance &

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Son, so that it could file a responsive pleading or motion. On November 25, 2011, the Ninth

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Circuit issued its mandate.

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Accordingly, it is HEREBY ORDERED that the Clerk shall reopen this case. It is

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FURTHER ORDERED that, pursuant to the Order granting Mr. Whitsitt leave to proceed in

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forma pauperis (Docket No. 5), the Clerk shall issue summons, and the U.S. Marshal for the

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Northern District of California shall serve, without prepayment of fees, a copy of the complaint,

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any amendments, scheduling orders, attachments, plaintiff’s affidavit, a copy of the original

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order granting Plaintiff in forma pauperis status, and a copy of this Order on Defendant R.

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Lance & Son.

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//

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It is FURTHER ORDERED that this matter shall be scheduled for an initial case

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management conference on Friday, March 23, 2012 at 1:30 p.m., in Courtroom 11, 450 Golden

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Gate Avenue, 19th Floor, San Francisco, CA, 94102. The parties case management conference

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statements shall be due on or before March 16, 2012.

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IT IS SO ORDERED.

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Dated: December 16, 2011
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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WILLIAM J. WHITSITT et al,

Case Number: CV08-01803 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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JEAN ZEDLITZ et al,
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Defendant.

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For the Northern District of California

United States District Court

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
12 District Court, Northern District of California.
13 That on December 16, 2011, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter
14 listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an
inter-office delivery receptacle located in the Clerk's office.
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16 William J. Whitsitt
335 W. Clover Road
17 Tracy, CA 95376
18 Dated: December 16, 2011
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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk