McMillin v. Foster City et al

Filing 7

ORDER SETTING SERVICE DEADLINE; ORDER CONTINUING CMC. Signed by Judge Maria-Elena James on 12/2/2011. (cdnS, COURT STAFF) (Filed on 12/2/2011)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 Northern District of California 6 7 TOM MCMILLIN, No. C 11-3201 MEJ Plaintiff, 8 ORDER RE: SERVICE v. ORDER CONTINUING CMC 9 FOSTER CITY, et al., 10 Defendants. _____________________________________/ 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 13 On September 30, 2011, Plaintiff Tom McMillin filed a Status Report, indicating that 14 although the Complaint and Summons in this case were sent out for service “almost immediately” 15 after he filed the Complaint, he subsequently learned that the process server used was no longer 16 licensed and had misrepresented his status as a licensed process server in San Mateo County to 17 Plaintiff’s counsel. Dkt. No. 4. Plaintiff stated that the Complaint and Summons were transmitted to 18 a different, licensed/bonded service entity, and that all named defendants should be served in the next 19 five to seven days. Id. Based on Plaintiff’s representations, the Court continued the Case 20 Management Conference to December 8, 2011. Dkt. No. 6. 21 It has now been over 60 days since Plaintiff stated that all defendants would be served, and 22 over 150 days since he filed his Complaint, yet there is still no indication that any defendants have 23 been served. Pursuant to Federal Rule of Civil Procedure 4(m), “[i]f a defendant is not served within 24 120 days after the complaint is filed, the court . . . must dismiss the action without prejudice against 25 that defendant or order that service be made within a specified time.” Further, Plaintiff has failed to 26 file any type of case management statement ahead of the December 8 Case Management Conference, 27 which is in violation of the Court’s October 3, 2011 Order. Dkt. No. 6. 28 Accordingly, the Court hereby ORDERS Plaintiff to complete service of process by 1 December 15, 2011. Failure to complete service by this time without good cause shown shall result 2 in dismissal of all defendants not yet served. The Case Management Conference is CONTINUED to 3 January 19, 2012 at 10:00 a.m. in Courtroom B, 15th Floor, 450 Golden Gate Avenue, San Francisco, 4 California. The parties’ joint case management statement shall be filed by January 12, 2012. Failure 5 to comply with this Order may result in the imposition of sanctions, including and up to dismissal of 6 this case. 7 IT IS SO ORDERED. 8 9 Dated: December 2, 2011 _______________________________ Maria-Elena James Chief United States Magistrate Judge 10 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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