Van Dusen v. City of Oakland et al

Filing 10

ORDER REGARDING ADDRESSES FOR SERVING DEFENDANTS. Signed by Judge Laurel Beeler on 1/13/2014. (lblc2, COURT STAFF) (Filed on 1/13/2014)

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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco Division
JAN VAN DUSEN,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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No. C 13-05023 LB
Plaintiff,

v.

ORDER REGARDING ADDRESSES
FOR SERVING DEFENDANTS

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CITY OF OAKLAND, et al.,
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Defendants.
_____________________________________/
On October 28, 2013, Jan Van Dusen, who is proceeding pro se, filed a complaint against 51

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separate defendants. She also filed a motion to proceed in forma pauperis asking the court to

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require the U.S. Marshal to serve those 51 defendants with the complaint and summonses. The court

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granted her motion to proceed in forma pauperis on December 12, 2013, and that same day the

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Clerk of the Court issued Ms. Van Dusen a notice stating:

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An order has been filed in the subject case that the complaint and summons be
served upon the defendant(s).

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To insure that proper service is made, the address(es) of the defendant(s) must be
submitted to this office. The bottom portion of this letter is to be used for the
information. Please print that current address for each listed defendant.

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A self-addressed postage paid envelope is enclosed for your convenience in
returning this information. A prompt response with the requested information will be
appreciated.

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12/12/2013 Clerk’s Notice, ECF No. 9. To date, Ms. Van Dusen has not responded to the Clerk of

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the Court’s Notice.

C 13-05023 LB
ORDER

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The court reminds Ms. Van Dusen that under Federal Rule of Civil Procedure 4(m), absent good

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cause, service on a defendant must take place within 120 days of the filing of the complaint, which

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in this case is February 25, 2014. The U.S. Marshal cannot serve any of the defendants to this action

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until Ms. Van Dusen provides the Clerk of the Court with addresses for those defendants. If service

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is not accomplished, the court may dismiss this action without prejudice for failure to prosecute. If

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Ms. Van Dusen determines that she is not going to proceed against any of the defendants, she should

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voluntarily dismiss them from this action pursuant to Federal Rule of Civil Procedure 41.

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IT IS SO ORDERED.
Dated: January 13, 2014
_______________________________
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 13-05023 LB
ORDER

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