Clark v. Hidden Valley Lake Association

Filing 15

ORDER EXTENDING DEADLINE TO SERVE COMPLAINT AND CONTINUING CASE MANAGEMENT CONFERENCE (Illston, Susan) (Filed on 8/31/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WAYNE CLARK,
Plaintiff,

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Case No. 3:16-cv-02009-SI

v.
HIDDEN VALLEY LAKE ASSOCIATION,

ORDER EXTENDING DEADLINE TO
SERVE COMPLAINT AND
CONTINUING CASE MANAGEMENT
CONFERENCE

Defendant.

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This action was filed on April 15, 2016. The docket does not reflect that defendant has

United States District Court
Northern District of California

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been served with process.

Plaintiff has requested a 60 day continuance of the Initial Case

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Management Conference because “plaintiff is seeking new counsel to represent him.”

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Rule 4(m) of the Federal Rules of Civil Procedure provides that “If defendant is not served

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within 90 days after the complaint is filed, the court -- on motion or on its own after notice to the

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plaintiff -- must dismiss the action with prejudice against that defendant, or order that service be

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made within a specified time.” Since this action was filed on April 15, 2016, service under

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F.R.Civ.P. 4(m) was required by July 14, 2016.

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Apparently plaintiff is seeking new counsel. Accordingly, the Court extends the date by

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which service must be made to September 30, 2016. The Court further continues the Initial

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Case Management Conference, currently set for September 2, 2016, to November 4, 2016, at

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2:30 p.m.

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Plaintiff is cautioned that if he does not effect service of process by the new deadline of

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September 30, 2016, and does not otherwise show good cause for his delay, this Court will dismiss

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the action with prejudice.

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IT IS SO ORDERED.
Dated: August 31, 2016

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SUSAN ILLSTON
United States District Judge