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

Filing 9

ORDER TO FILE PROOF OF SERVICE. Proof of Service due 7/5/2013. Signed by Magistrate Judge Laurel Beeler on 6/28/2013. (ls, COURT STAFF) (Filed on 6/28/2013)

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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 TO FILE PROOF OF
SERVICE

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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.
_____________________________________/

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Plaintiff filed a complaint against Defendants on January 29, 2013. Complaint, ECF No. 1.

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Under Federal Rule of Civil Procedure 4(m), a plaintiff normally has 120 days from the filing of the

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complaint to serve the complaint and summons on a defendant. Fed. R. Civ. P. 4(m). This means

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that in this case Plaintiff had until May 29, 2013 to effect service. Fed. R. Civ. P. 4(m), 6(a)(1)(C).

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To date, Plaintiff has filed no proof that any named defendant has been served. See generally

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Docket. However, Plaintiff stated in his May 3, 2012 Case Management Statement that “attorney

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Richard Mann, who may or may not be retained by Defendants” contacted him to tell him that

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“Defendants are not interested in litigating this case.” See Plaintiff’s Case Management Statement,

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ECF No. 6. This suggests that Plaintiff may have served them.

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In order to illuminate the procedural posture before the July 11, 2013 case management

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conference, the court ORDERS Plaintiff to file proof of service by July 5, 2013 (or show good cause

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by that date for the failure to serve). Failure to do either of these may result in dismissal of the case
C 13-412 LB
ORDER TO SHOW CAUSE

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without prejudice under Rule 4(m).
IT IS SO ORDERED.
Dated: June 28, 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 13-412 LB
ORDER TO SHOW CAUSE

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