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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 Northern District of California 10 San Francisco Division EARL BROWN, SR., et al., 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 No. C 11-02162 LB Plaintiffs, ORDER TO SHOW CAUSE v. [ECF No. 11] 13 14 CITY AND COUNTY OF SAN FRANCISCO, et al., 15 Defendants. _____________________________________/ 16 17 In their Motion to Dismiss, Defendants argue that Deputy Barbieri has not been served properly. 18 See Motion at 19. He has not appeared apparently because he has a serious medical condition and 19 cannot participate in his defense. Defendants respond that service was proper because they served 20 the San Francisco Sheriff's Department. See Opposition at 17 n4. 21 The court does not have a sufficient record about whether service was effective. Under the 22 circumstances, the court directs the parties to meet and confer within three business days to establish 23 a briefing schedule to address the issue. They should then file it with the court. The court has no 24 objection to trying to address the issue on an expedited basis. The important thing is a sufficient fact 25 record, and perhaps the parties can settle on stipulated facts. 26 27 IT IS SO ORDERED. Dated: April 7, 2014 28 C 11-02162 LB ORDER _______________________________ LAUREL BEELER United States Magistrate Judge

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