Fonua et al v. The City of San Mateo et al

Filing 3

ORDER VACATING CMC; ORDER FOR PLAINTIFFS TO FILE STATUS REPORT. Signed by Judge Maria-Elena James on 3/15/2010. (mejlc1, COURT STAFF) (Filed on 3/15/2010)

1 2 3 4 5 6 7 8 9 10 11 UNITED UNITED STATES DISTRICT COURT 12
For the Northern District of California

UNITED STATES DISTRICT COURT Northern District of California
KALAKE FONUA and KENNETH ASHTON FONUA, v. Plaintiff(s),

No. C 09-05983 MEJ ORDER VACATING CMC ORDER FOR PLAINTIFFS TO FILE STATUS REPORT

CITY OF SAN MATEO, et al., Defendant(s). _____________________________________/

Plaintiffs Kalake Fonua and Kenneth Ashton Fonua filed the above-captioned complaint on December 2, 2009. Since that time, however, there has been no further docket activity. As there is a case management conference scheduled on April 1, 2010, and there is no indication that the defendants have been served, the Court hereby VACATES the April 1, 2010 Case Management Conference. To help the Court determine how to proceed with this case, the plaintiffs shall file a status report by April 5, 2010. The status report shall not raise any arguments or provide details regarding the subject matter of their complaint; instead, the plaintiffs shall address what steps they have taken since filing their complaint to ensure that all named defendants have been served, and whether they intend to proceed with the prosecution of their case. Plaintiffs should be mindful that the Court may dismiss their case pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute. IT IS SO ORDERED.

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Dated: March 15, 2010

_______________________________ Maria-Elena James Chief United States Magistrate Judge

1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12
For the Northern District of California

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA KALAKE FONUA et al, Plaintiff, v. SAN MATEO CITY OF et al, Defendant. /

Case Number: CV09-05983 MEJ CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on March 15, 2010, 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 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.

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Dated: March 15, 2010 Richard W. Wieking, Clerk By: Brenda Tolbert, Deputy Clerk Kalake Fonua Kenneth Ashton Fonua 2555 Illinois Street East Palo Alto, CA 94303