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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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 9 FRANCISCA MORALEZ, Plaintiff, For the Northern District of California United States District Court 10 11 12 13 14 15 16 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 17 a result, on November 16, 2016, Judge Elizabeth Laporte recommended dismissal (Dkt. No. 18 28). The action was reassigned to the undersigned judge who declined to adopt Judge Laporte’s 19 report and recommendation, and ordered Moralez to serve defendants by May 25, 2017 (Dkt. 20 No. 33). That order stated that no further extensions would be granted. 21 On May 31, Moralez filed a proof of service dated May 25, 2017, naming “Arun Kumar, 22 et al., dba Sinclair Gas, Lone Tree Gas & Food” and stating that the process server “personally 23 served the summons on the individual at . . . 3720 Lone Tree Way, Antioch, CA” (Dkt. No. 36). 24 The certificate of service did not name any other defendant. Accordingly, this Court dismissed 25 claims against all defendants but Kumar (Dkt. No. 37). It also observed that the summons 26 Moralez filed is defective in that it fails to include the address of either the plaintiff or 27 plaintiff’s attorney as required by FRCP 4(a)(1)(C) (Dkt. No. 15) . On this basis, it ordered 28 Moralez to show cause why her action should not be dismissed. 1 At the show-cause hearing, Moralez, who was represented by counsel, admitted that 2 service on Tehrani was deficient, but nevertheless asked that this deficiency be excused, and 3 that she be given a further opportunity to perfect service. Moralez indicated that, if she were 4 given more time to effectuate service, she would re-file her lawsuit naming only defendants 5 Roobeheba Tehrani and Bill Bindal, and personally serve those two defendants. 6 Moralez has provided no reason of any legal significance excusing her failure to 7 properly serve defendants in this action despite being given several extensions of time in which 8 to do so. Her time to serve Kumar has now passed. Accordingly, this action is DISMISSED. 9 11 For the Northern District of California United States District Court 10 12 IT IS SO ORDERED. 13 14 15 16 Dated: June 29, 2017. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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