McQueen v. American Express Centurion Bank

Filing 35

THIRD ORDER RE SERVICE. Signed by Judge Maria-Elena James on 11/14/2012. (cdnS, COURT STAFF) (Filed on 11/14/2012)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 Northern District of California 6 7 DEBORAH MCQUEEN, Plaintiff, 8 No. C 12-2550 MEJ THIRD ORDER RE: SERVICE v. 9 AMERICAN EXPRESS CENTURION BANK, 11 Defendant. _____________________________________/ 12 For the Northern District of California UNITED STATES DISTRICT COURT 10 13 On October 25, 2012, the Court granted Defendant American Express Centurion Bank’s 14 motion to dismiss. Dkt. No. 33. Accordingly, the sole remaining Defendants in this case are Martin 15 Hoffmann, Brian Minh Ngo, and Janet Lorraine Brown. However, based on a statement filed by the 16 individual Defendants, it does not appear that they have been properly served. Specifically, Plaintiff 17 Deborah McQueen served the Defendants directly rather than by someone other than herself, and 18 Plaintiff failed to either obtain a waiver of service from each Defendant or to include the 19 acknowledgment of service form she was required to send along with the First Amended Complaint. 20 Dkt. No. 34. The Court has previously informed Plaintiff of the service requirements in federal court. 21 See Dkt. No. 12. Accordingly, the Court ORDERS Plaintiff to complete service in compliance with 22 Federal Rule of Civil Procedure 4 by December 4, 2012. 23 As the Court previously informed Plaintiff, for assistance with service requirements, she is 24 encouraged to review the Pro Se Handbook, which can be obtained online at 25 or in person at the Clerk’s Office. The Court directs Plaintiff to 26 Chapter 8, which addresses the rules for serving documents on other parties to the lawsuit. In 27 addition, Plaintiff may wish to seek assistance from the Legal Help Center, a free service of the 28 Volunteer Legal Services Program, either by calling (415.782.9000, extension 8657) or signing up for 1 an appointment on the 15th Floor of the Courthouse, Room 2796, 450 Golden Gate Avenue, San 2 Francisco, California. At the Legal Help Center, Plaintiff may speak with an attorney who may be 3 able to provide basic legal help but not legal representation. 4 Plaintiff is hereby informed that this case may be dismissed for failure to prosecute if she does 5 not comply with the December 4 service deadline. 6 IT IS SO ORDERED. 7 8 Dated: November 14, 2012 _______________________________ Maria-Elena James Chief United States Magistrate Judge 9 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 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 1 2 3 DEBORAH MCQUEEN, Case Number: CV12-02550 MEJ 4 Plaintiff, CERTIFICATE OF SERVICE 5 v. 6 AMERICAN EXPRESS CENTURION BANK et 7 al, 8 Defendant. / For the Northern District of California UNITED STATES DISTRICT COURT 9 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. 11 That on November 14, 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 13 in the Clerk's office. 14 15 Deborah McQueen 16 1863 Altair Avenue Livermore, CA 94550 17 Dated: November 14, 2012 18 Richard W. Wieking, Clerk By: Rose Maher, Deputy Clerk 19 20 21 22 23 24 25 26 27 28 3

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