Driskel v. Kenan et al

Filing 46

ORDER SETTING ASIDE DEFAULT AGAINST DEFENDANT JIMMIE MIDDLETON; DISMISSING ACTION WITHOUT PREJUDICE (SI, COURT STAFF) (Filed on 11/15/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ANDREW JAMES DRISKEL,

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United States District Court
For the Northern District of California

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Plaintiff,

REGINALD KENAN, et al.,
Defendants.
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ORDER SETTING ASIDE DEFAULT
AGAINST DEFENDANT JIMMIE
MIDDLETON; DISMISSING ACTION
WITHOUT PREJUDICE

v.

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No. C 10-5117 SI

On October 28, 2011, the Court issued an Order to Show Cause directing plaintiff to demonstrate
that this Court has personal jurisdiction over defendants Middleton, Kuznof and Williams. The Order
was mailed to plaintiff’s address of record, and the Order was returned to the Court as undeliverable.
Plaintiff has not taken any action in this case since filing a pleading on May 10, 2011.
Based upon the record before this Court, it appears that this Court lacks jurisdiction over North
Carolina defendants Middleton, Kuznof and Williams. The complaint does not allege that these
defendants have any contacts with California, and all of the events giving rise to plaintiff’s claims
occurred in North Carolina. Because the Court lacks personal jurisdiction over defendant Middleton,
the entry of default must be set aside. See Veeck v. Commodity Enterprises, Inc., 487 F.2d 423, 426 (9th
Cir. 1973). Accordingly, the Court sets aside the default against defendant Middleton, and DISMISSES
this case for lack of jurisdiction and based on plaintiff’s failure to prosecute. The dismissal is without
prejudice.
IT IS SO ORDERED.
Dated: November 15, 2011
SUSAN ILLSTON
United States District Judge