Moralez v. Tehrani

Filing 37

ORDER TO SHOW CAUSE AND DISMISSING DEFENDANTS REAL HOLDINGS, INC., ROBEHERBA TEHRANI, AND BILL BINDAL re 36 Certificate of Service filed by Francisca Moralez, 35 Order to Show Cause Hearing set for 6/22/2017 11:00 AM. Signed by Judge Alsup on 6/6/2017. (whalc1, COURT STAFF) (Filed on 6/6/2017)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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FRANZISCA MORALEZ,
Plaintiff,

For the Northern District of California

United States District Court

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No. C 16-00665 WHA

v.
ROBEHERBA TEHRANI, ARUN
KUMAR, and BILL BINDAL, d/b/a
Sinclair Gas, Lone Tree Service, Lone Tree
Gas & Food; REAL HOLDINGS, INC.,

ORDER TO SHOW CAUSE AND
DISMISSING DEFENDANTS
REAL HOLDINGS, INC.,
ROBEHERBA TEHRANI, AND
BILL BINDAL

Defendants.
/
On May 26, plaintiff Franzisca Moralez was ordered to file, by May 31 at noon, proof

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that she had served defendants. The order provided that if Moralez failed to file proof of

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service, this action would be dismissed (Dkt. No. 35).

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Moralez filed a certificate of service on May 31 naming “Arun Kumar, et al., dba

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Sinclair Gas, Lone Tree Gas & Food” and stating that the process server “personally served the

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summons on the individual at . . . 3720 Lone Tree Way, Antioch, CA” (Dkt. No. 36). Moralez

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did not file proof that she served Real Holdings, Inc., located at 11740 Sunset Blvd., Los

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Angeles. Therefore, claims against Real Holdings, Inc. are DISMISSED. Additionally, she

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named only Arun Kumar in her certificate of service. Accordingly, claims against defendants

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Robeherba Tehrani and Bill Bindal are DISMISSED. See FRCP 4(b), (e).

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Finally, it appears that the summons served is defective (Dkt. No. 15). It does not

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include the address of either the plaintiff or plaintiff’s attorney as required by FRCP 4(a)(1)(C).

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Moralez is ordered to appear and show cause as to why her amended complaint should not be

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dismissed in its entirety on JUNE 22 AT 11:00 A.M. on the 19th floor of the Phillip Burton

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Courthouse, Courtroom 8, 450 Golden Gate, Avenue, San Francisco.

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IT IS SO ORDERED.

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Dated: June 6, 2017.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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