Lucas et al v. Daihatsu Motor Co., Ltd. et al

Filing 13

ORDER Rescheduling Hearing on 6 Defendant Daihatsu's Motion to Dismiss Plaintiffs' Complaint and Directing Service of Process. The court vacates the September 20, 2012 hearing and re-sets it to October 4, 2012 at 11:00 a.m. Plain tiffs are directed to serve Defendant Toyota by September 20, 2012 and to file proof of service by September 24, 2012 or risk dismissal of Defendant Toyota under Federal Rule of Civil Procedure 4(m). Motion Hearing set for 10/4/2012 11:00 AM in Courtroom C, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler. Signed by Magistrate Judge Laurel Beeler on 9/16/2012. (lblc2, COURT STAFF) (Filed on 9/16/2012)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

Northern District of California

10

San Francisco Division
KATHLEEN LUCAS, et al.,

12
For the Northern District of California

UNITED STATES DISTRICT COURT

11

Plaintiffs,
v.

13
DAIHATSU MOTOR CO., LTD., et al.,
14
15
16

No. C 12-02644 LB
ORDER RESCHEDULING HEARING
ON DEFENDANT DAIHATSU'S
MOTION TO DISMISS PLAINTIFF'S
COMPLAINT AND DIRECTING
SERVICE OF PROCESS

Defendants.
_____________________________________/
Plaintiffs filed this lawsuit in San Francisco County Superior Court on March 5, 2012, and

17

Defendant Daihatsu Motor Company, Ltd. ("Daihatsu"), removed the action to federal court on May

18

23, 2012. See Notice of Removal, ECF No. 1. Daihatsu appeared in the case and filed a motion to

19

dismiss for insufficient service on May 30, 2012 that is set for a hearing on September 20, 2012. See

20

6/19/2012 Clerk's Notice (ECF entry only). Plaintiffs and Daihatsu have consented to this court's

21

jurisdiction. See ECF Nos. 8 and 11. Defendant Toyota Motor Corporation ("Toyota") has not

22

appeared, and the docket does not reflect that it has been served. The 120-day period to serve it

23

expires on September 20, 2012. See Fed. R. Civ. P. 4(m), 81(c)(1).

24

Under the circumstances, the court vacates the September 20, 2012 hearing and re-sets it to

25

October 4, 2012 at 11:00 a.m. Plaintiffs are directed to serve Defendant Toyota by September 20,

26

2012 and to file proof of service by September 24, 2012 or risk dismissal of Defendant Toyota under

27

Federal Rule of Civil Procedure 4(m).

28

IT IS SO ORDERED.
ORDER
C 12-02644 LB

1

Dated: September 16, 2012
LAUREL BEELER
United States Magistrate Judge

2
3
4
5
6
7
8
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
ORDER
C 12-02644 LB

2