Moralez v. Tehrani

Filing 42

ORDER DISMISSING ACTION Signed by Judge Alsup on 6/29/2017. (whalc1, COURT STAFF) (Filed on 6/29/2017)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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FRANCISCA 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 DISMISSING ACTION

Defendants.
/
Plaintiff Francisca Moralez has repeatedly failed to serve defendants in this action. As

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a result, on November 16, 2016, Judge Elizabeth Laporte recommended dismissal (Dkt. No.

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28). The action was reassigned to the undersigned judge who declined to adopt Judge Laporte’s

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report and recommendation, and ordered Moralez to serve defendants by May 25, 2017 (Dkt.

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No. 33). That order stated that no further extensions would be granted.

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On May 31, Moralez filed a proof of service dated May 25, 2017, naming “Arun Kumar,

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et al., dba Sinclair Gas, Lone Tree Gas & Food” and stating that the process server “personally

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

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The certificate of service did not name any other defendant. Accordingly, this Court dismissed

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claims against all defendants but Kumar (Dkt. No. 37). It also observed that the summons

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Moralez filed is defective in that it fails to include the address of either the plaintiff or

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plaintiff’s attorney as required by FRCP 4(a)(1)(C) (Dkt. No. 15) . On this basis, it ordered

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Moralez to show cause why her action should not be dismissed.

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At the show-cause hearing, Moralez, who was represented by counsel, admitted that

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service on Tehrani was deficient, but nevertheless asked that this deficiency be excused, and

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that she be given a further opportunity to perfect service. Moralez indicated that, if she were

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given more time to effectuate service, she would re-file her lawsuit naming only defendants

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Roobeheba Tehrani and Bill Bindal, and personally serve those two defendants.

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Moralez has provided no reason of any legal significance excusing her failure to

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properly serve defendants in this action despite being given several extensions of time in which

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to do so. Her time to serve Kumar has now passed. Accordingly, this action is DISMISSED.

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For the Northern District of California

United States District Court

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IT IS SO ORDERED.

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Dated: June 29, 2017.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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