Fallay v. City and County of San Francisco et al

Filing 125

ORDER VACATING HEARING RE APPEAL BOND. Signed by Judge Charles R. Breyer on 8/18/2011. (crblc1S, COURT STAFF) (Filed on 8/18/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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ORDER VACATING HEARING RE
APPEAL BOND

Plaintiff,

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No. C 08-2261 CRB

AUGUSTINE FALLAY,

v.
SAN FRANCISCO CITY AND COUNTY,
et al.,
Defendants.

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/

Defendants Tony Fu and Crystal Lei filed a joint motion for appeal bond pursuant to

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Federal Rule of Appellate Procedure 7. See dkt. 124. That motion is currently calendared

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for Friday, August 19, 2011. Id. Plaintiff Augustine Fallay has not filed an Opposition.

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Upon being contacted by the Court, Plaintiff stated that he had not been served with the

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motion. Defendants conceded that they did not file a proof of service into the correct docket,

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but on Tuesday, August 16, 2011, they hand-delivered to the Court a proof of service filed in

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another case, before another judge. See Case No. 3:11-cv-01814-RS dkt. 19. This

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document, the electronic copy of which does not include this case number, does not

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adequately demonstrate to the Court that Plaintiff was served with the motion. Accordingly,

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the hearing currently set for Friday, August 19, 2011, is VACATED. If Defendants would

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like to pursue their motion, they must re-notice it for at least 35 days hence, and they must

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//

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properly serve the Plaintiff.
IT IS SO ORDERED.

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Dated: August 18, 2010
CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

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United States District Court
For the Northern District of California

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G:\CRBALL\2008\2261\Order vacating motion re appeal bond.wpd

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