Jones v. Collectal Associates et al

Filing 35

ORDER DIRECTING PLAINTIFF TO SERVE REPORT AND RECOMMENDATION ON DEFENDANTS IN MANNER CONSISTENT WITH FRCP 5(B) (Illston, Susan) (Filed on 2/23/2016)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

NORTHERN DISTRICT OF CALIFORNIA

8
9

CHARLES ADAM JONES,

Case No. 15-cv-02223-SI

Plaintiff,
10
v.

United States District Court
Northern District of California

11
12

COLLECTAL ASSOCIATES, et al.,
Defendants.

13

ORDER DIRECTING PLAINTIFF TO
SERVE REPORT AND
RECOMMENDATION ON
DEFENDANTS IN MANNER
CONSISTENT WITH FRCP 5(B)
Re: Dkt. No. 28

14
15

On January 29, 2016, Magistrate Judge Spero issued a Report and Recommendation (the

16

“Report”) in this case. Dkt. 31. The Report recommends granting in part and denying in part

17

plaintiff’s motion for default judgment, and recommends awarding plaintiff a total judgment of

18

$20,895, consisting of damages of $10,700, attorneys' fees of $9,660, and costs of $535. Judge

19

Spero also recommended that this Court require plaintiff to serve a copy of the Report on

20

defendants in a manner consistent with Rule 5(b) of the Federal Rules of Civil Procedure. Rule

21

5(b) states that service may be made by leaving pleadings and other papers "at the person's office

22

with a clerk or other person in charge or, if no one is in charge, in a conspicuous place in the

23

office" or "if the person has no office or the office is closed, at the person's dwelling or usual place

24

of abode with someone of suitable age and discretion who resides there." The proof of service

25

filed by plaintiff states that plaintiff served the Report on defendants by mail. Dkt. 34.

26

In accordance with Judge Spero's recommendation, the Court directs plaintiff to serve a

27

copy of the Report, along with a copy of this order, on defendants in a manner consistent with

28

Rule 5(b). The Court will not rule on the Report until after seven days have passed from the date

1

that service is made on defendants pursuant to Rule 5(b).

2
3

IT IS SO ORDERED.

4
5
6
7

Dated: February 23, 2016
______________________________________
SUSAN ILLSTON
United States District Judge

8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2