Shek v. Childrens Hospital Research Center of Oakland et al

Filing 57

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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