Brown et al v. City and County of San Francisco et al

Filing 97

ORDER TO SHOW CAUSE. Signed by Judge Laurel Beeler on 4/7/2014. (lblc1S, COURT STAFF) (Filed on 4/7/2014)

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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco Division
EARL BROWN, SR., et al.,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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No. C 11-02162 LB

Plaintiffs,

ORDER TO SHOW CAUSE

v.
[ECF No. 11]

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CITY AND COUNTY OF SAN
FRANCISCO, et al.,

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Defendants.
_____________________________________/

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In their Motion to Dismiss, Defendants argue that Deputy Barbieri has not been served properly.

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See Motion at 19. He has not appeared apparently because he has a serious medical condition and

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cannot participate in his defense. Defendants respond that service was proper because they served

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the San Francisco Sheriff's Department. See Opposition at 17 n4.

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The court does not have a sufficient record about whether service was effective. Under the

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circumstances, the court directs the parties to meet and confer within three business days to establish

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a briefing schedule to address the issue. They should then file it with the court. The court has no

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objection to trying to address the issue on an expedited basis. The important thing is a sufficient fact

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record, and perhaps the parties can settle on stipulated facts.

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IT IS SO ORDERED.
Dated: April 7, 2014

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C 11-02162 LB
ORDER

_______________________________
LAUREL BEELER
United States Magistrate Judge