Gray v. Office Depot, Inc. et al

Filing 12

ORDER CONTINUING the initial case management conference to April 25, 2013. Case Management Statement due by 4/18/2013. Initial Case Management Conference set for 4/25/2013 10:30 AM in Courtroom C, 15th Floor, San Francisco. Signed by Magistrate Judge Laurel Beeler on 3/12/2013. (lblc2, COURT STAFF) (Filed on 3/12/2013)

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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco Division
GILBERT GRAY,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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No. C 12-06239 LB
Plaintiff,

v.
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ORDER CONTINUING THE INITIAL
CASE MANAGEMENT
CONFERENCE TO APRIL 25, 2013

OFFICE DEPOT, INC., et al.,
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Defendants.
_____________________________________/

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Plaintiff Gilbert Gray ( “Plaintiff”) instituted this action against Office Depot, Inc., (“Office

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Depot”), a Georgia corporation, and its agents, Steven Burns (“Mr. Burns”) and Roger Weber (“Mr.

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Weber”) (collectively, the “Defendants”) in the Superior Court of California, County of Alameda, on

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April 30, 2012. Notice of Removal, ECF No. 1 at 2, 8. Plaintiff alleges premises liability against

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Office Depot and general negligence against all Defendants. Id. at 7-8. Plaintiff appears to have

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served Office Depot and Mr. Burns while the action was in state court, but he does not appear to

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have served Mr. Weber yet. See generally Gray v. Office, RG12628058. Mr. Burns and Office

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Depot (collectively, the “Removing Defendants”) removed the action to this court on diversity

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grounds on December 6, 2012. Notice of Removal, ECF No. 1 at 2.

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Federal Rules of Civil Procedure 4(m) and 81(c)(1) require a plaintiff to serve any defendant

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who had not been served at the time of removal (such as Mr. Weber) within 120 days of an action

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being removed. Fed. R. Civ. P. 4(m), 81(c)(1). Because this action was removed on December 6,

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2012, Plaintiff has until April 8, 2013 to serve Mr. Weber.
C 12-06239 LB
ORDER

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In light of this situation, the court CONTINUES the Initial Case Management Conference from

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March 14, 2013 to April 25, 2013 at 10:30 a.m. in Courtroom C, 15th Floor, 450 Golden Gate

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Avenue, San Francisco, California, 94102. The parties shall file their Case Management Statement

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no later than April 18, 2013.

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IT IS SO ORDERED.
Dated: March 12, 2013

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_______________________________
LAUREL BEELER
United States Magistrate Judge

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For the Northern District of California

UNITED STATES DISTRICT COURT

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C 12-06239 LB
ORDER

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