Shek v. Childrens Hospital Research Center of Oakland et al
Filing
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ORDER QUASHING SERVICE OF SUMMONS AND COMPLAINT ON JOSEPH L. ROBINSON. Signed by Judge William Alsup on 12/6/2012. (whasec, COURT STAFF) (Filed on 12/6/2012) (Additional attachment(s) added on 12/6/2012: # 1 Certificate/Proof of Service) (dt, COURT STAFF).
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JOHN SHEK,
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For the Northern District of California
United States District Court
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Plaintiff,
No. C 12-04517 WHA
v.
CHILDREN HOSPITAL RESEARCH
CENTER OF OAKLAND, et al.,
ORDER QUASHING SERVICE
OF SUMMONS AND COMPLAINT
ON JOSEPH L. ROBINSON
Defendants.
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Mr. Joseph L. Robinson, who lives in Richmond on South 47th Street, was notified by
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plaintiff John Shek to appear in court today. Mr. Robinson did so; however, no one else
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appeared, including plaintiff Shek. Mr. Robinson stated under oath that he is not the “Joseph
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Robinson” named in plaintiff’s complaint. To get to the bottom of it, the Court took sworn live
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testimony from Mr. Robinson. The sworn record demonstrates, and the Court so finds, that
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Mr. Robinson is the wrong person and that plaintiff Shek and/or his process server knew he was
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serving the wrong person when process was served on Mr. Robinson. This inconvenience has
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subjected Mr. Robinson to undue expense and stress. The summons on him is QUASHED in its
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entirety.
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Plaintiff John Shek and his process server, Judith Shek, are hereby ORDERED TO APPEAR
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at the conference management conference scheduled for DECEMBER 13, 2012. Plaintiff is
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advised to obtain a copy of today’s transcript, at his own expense, to read it and then to justify
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his actions. He must be prepared to explain himself on pain of sanction, including dismissal of
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this case. Plaintiff Shek is FURTHER ORDERED to notify all others he has told of the wrongly
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named defendant, so that he will no longer tarnish Mr. Robinson’s reputation.
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IT IS SO ORDERED.
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Dated: December 6, 2012.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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For the Northern District of California
United States District Court
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