McQueen v. American Express Centurion Bank

Filing 12

ORDER SETTING SERVICE DEADLINE. Plaintiff to complete service by 10/18/12. Signed by Judge Maria-Elena James on 9/6/2012. (cdnS, COURT STAFF) (Filed on 9/6/2012)

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UNITED STATES DISTRICT COURT

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Northern District of California

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DEBORAH MCQUEEN,
Plaintiff,

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No. C 12-2550 MEJ
ORDER RE: SERVICE

v.
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AMERICAN EXPRESS CENTURION
BANK,

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Defendant.
_____________________________________/

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For the Northern District of California

UNITED STATES DISTRICT COURT

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This matter was originally scheduled for a Case Management Conference on August 16, 2012.

14 However, as there was no indication that Defendant American Express Centurion Bank had been
15 served, the Court vacated the August 16 conference and ordered Plaintiff Deborah McQueen to file a
16 status report by August 30, 2012. Dkt. No. 3. On August 15, 2012, Plaintiff filed a proof of service
17 stating that she served Defendant via United States Postal Service Certified Mail. Dkt. No. 6.
18 Plaintiff subsequently filed a request for entry of default, which the Clerk of Court denied for failure
19 to comply with Federal Rule of Civil Procedure 4. Dkt. Nos. 7, 9.
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On August 29, 2012, Plaintiff filed a status report which does not mention the declination of

21 default, but instead states that Plaintiff served Defendant and requests that the Court reschedule the
22 case management conference. However, as there is still no indication that Defendant has been
23 properly served, the Court ORDERS Plaintiff to complete service in compliance with Rule 4 by
24 October 18, 2012. For assistance with service requirements, Plaintiff is encouraged to review the Pro
25 Se Handbook, which can be obtained online at http://www.cand.uscourts.gov or in person at the
26 Clerk’s Office. The Court directs Plaintiff to Chapter 8, which addresses the rules for serving
27 documents on other parties to the lawsuit. In addition, Plaintiff may wish to seek assistance from the
28 Legal Help Center, a free service of the Volunteer Legal Services Program, either by calling

1 (415.782.9000, extension 8657) or signing up for an appointment on the 15th Floor of the
2 Courthouse, Room 2796, 450 Golden Gate Avenue, San Francisco, California. At the Legal Help
3 Center, Plaintiff may speak with an attorney who may be able to provide basic legal help but not legal
4 representation.
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Plaintiff is hereby informed that this case may be dismissed for failure to prosecute if she does

6 not comply with the October 18 service deadline.
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IT IS SO ORDERED.

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9 Dated: September 6, 2012
_______________________________
Maria-Elena James
Chief United States Magistrate Judge

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For the Northern District of California

UNITED STATES DISTRICT COURT

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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DEBORAH MCQUEEN,

Case Number: CV12-02550 MEJ

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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AMERICAN EXPRESS CENTURION BANK et
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Defendant.

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For the Northern District of California

UNITED STATES DISTRICT COURT

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10 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
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That on September 6, 2012, I SERVED a true and correct copy(ies) of the attached, by placing said
12 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
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Deborah McQueen
16 1863 Altair Avenue
Livermore, CA 94550
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Dated: September 6, 2012
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Richard W. Wieking, Clerk
By: Rose Maher, Deputy Clerk

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