Valdez v. Hol'N Jam Enterprises, Inc. et al

Filing 14

ORDER CONTINUING CASE MANAGEMENT CONFERENCE: A Joint Case Management Statement due by 8/1/2013. Case Management Conference set for 8/8/2013 at 11:00 AM in Courtroom C, 15th Floor, San Francisco. Signed by Magistrate Judge Laurel Beeler on 7/9/2013(ls, COURT STAFF) (Filed on 7/9/2013)

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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco Division
CARLOS VALDEZ, an individual,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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Plaintiff,
v.

No. C 13-0412 LB
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE

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HOL’N JAM ENTERPRISES, INC., a
California corporation; CRAIG PEARCE, an
individual; and DOES 1 through 20 inclusive,

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Defendants.
_____________________________________/
Plaintiff Carlos Valdez filed a complaint against defendants Hol’N Jam Enterprises, et al., on

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January 29, 2013. Complaint, ECF No. 1. Under Federal Rule of Civil Procedure 4(m), a plaintiff

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normally has 120 days from the filing of the complaint to serve the complaint and summons on a

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defendant. Fed. R. Civ. P. 4(m). This means that in this case Mr. Valdez had until May 29, 2013, to

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effect service. Fed. R. Civ. P. 4(m), 6(a)(1)(C). The court ordered Mr. Valdez to file proof of

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service by July 5, 2013 (or show good cause by the date for the failure to serve) to illuminate the

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procedural posture before the July 11, 2013 case management conference. Order, ECF No. 9. Mr.

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Valdez did not respond by the July 5 deadline. See generally Docket.

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Instead, on July 8, 2013, Valdez filed documents that appear to indicate he served process on

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Defendants in March 2013. See Acknowledgments of Service, ECF Nos. 10-12. Later on July 8

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(and well past the July 5 deadline) Valdez filed a Case Management Statement. ECF No. 13. In the

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statement, Valdez’s counsel indicates that he has been in settlement talks with Defendants, who
C 12-01298 LB
ORDER

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contend that they have not been properly served, and that Defendants may file a motion to quash

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service. See ECF No. 13.

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Under the circumstances, the court CONTINUES the case management conference previously

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scheduled for July 11, 2013 to August 8, 2013. Valdez and any parties that have been served are

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ORDERED to file a joint case management conference statement that comports with the local rules

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and the undersigned’s standing order no later than August 1, 2013.

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IT IS SO ORDERED.
Dated: July 9, 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 12-01298 LB
ORDER

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