SYNNEX Corporation v. Freeman et al

Filing 17

ORDER FINDING ORDER TO SHOW CAUSE SATISFIED 11 AND CONTINUING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 9/10/2014. Case Management Conference set for 9/17/2014 10:00 AM in Courtroom A, 15th Floor, San Francisco. Signed by Judge Nathanael Cousins on 7/29/2014. (lmh, COURT STAFF) (Filed on 7/29/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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11 SYNNEX CORPORATION, a Delaware
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Case No. 14-cv-01606 NC

Corporation,
Plaintiff,

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v.

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THERA MARIE FREEMAN, an individual;

15 also known as THERA MARIE SARTORIS,

ORDER FINDING ORDER TO
SHOW CAUSE SATISFIED AND
CONTINUING CASE
MANAGEMENT CONFERENCE
Re: Dkt. Nos. 11, 14

an individual; DAVID FREEMAN, an

16 individual; individually & collectively doing
business as PRIORITY COMPUTER

17 SYSTEMS; and DOES 1 to 50, inclusive,
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Defendants.

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In its June 27 order, the Court noted that the complaint in this case does not contain

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21 sufficient allegations to establish the citizenship of defendants Thera Marie Freeman and
22 David Freeman for diversity purposes. Dkt. No. 11. The Court ordered Synnex
23 Corporation to amend its complaint to plead an adequate basis for diversity jurisdiction, or
24 show cause in writing why this action should not be dismissed for lack of federal subject
25 matter jurisdiction. Id. Synnex Corporation timely responded to the order to show cause by
26 filing an amended complaint which alleges the diverse citizenship of both defendants. Dkt.
27 No. 12 ¶¶ 1-3. Accordingly, the Court finds that the order to show cause is satisfied.
28 //
Case No. 14-cv-01606 NC
ORDER CONTINUING CMC

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Additionally, according to Synnex Corporation case ma
,
n’s
anagement statement, D
Dkt.

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nt
reeman had not been served with process. T
d
The
2 No. 14, as of July 23, defendan David Fr
otes
ocedure 4(m provides that if a de
m)
s
efendant is not
3 Court no that Federal Rule of Civil Pro
w
d
he
nt
the
ust
4 served within 120 days after th complain is filed, t court mu dismiss the action
a
efendant after notice to the plaintiff. In the case manage
o
ement
5 without prejudice as to that de
nt
e
g
e
ment
ence, Synne Corporat
ex
tion
6 statemen and at the upcoming initial case managem confere
ow
ause
ending the time for ser
t
rvice, or sho cause w this acti
ow
why
ion
7 must sho good ca for exte
n
D
.
8 should not be dismissed as to David Freeman under Rule 4(m).

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Th initial ca managem confer
he
ase
ment
rence is con
ntinued from July 30 to Septembe 17,
m
er

t
.
oom
h
S.
Court, 450 G
Golden Gat
te
10 2014, at 10:00 a.m. in Courtro A, 15th Floor, U.S District C
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,
cisco, Califo
ornia. The parties mus submit a j
p
st
joint case m
managemen
nt
11 Avenue, San Franc
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nt
mber
014.
12 statemen by Septem 10, 20
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IT IS SO OR
T
RDERED.

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Date: July 29 2014
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_____
_________
__________
____
Nath
hanael M. C
Cousins
Unit States M
ted
Magistrate J
Judge

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Case No. 14-cv-0160 NC
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ORDER CONTINUING CMC
R

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