Stewart v. City of Oakland, et al

Filing 42

ORDER DISCHARING ORDER DIRECTING PLAINTIFF TO SHOW CAUSE WHY CLAIMS AGAINST DEFENDANT FRANK MORROW SHOULD NOT BE DISMISSED. Signed by Judge Maxine M. Chesney on February 21, 2018. (mmclc1, COURT STAFF) (Filed on 2/21/2018)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JULEANA STEWART,
Plaintiff,

United States District Court
Northern District of California

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v.

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Case No. 17-cv-04478-MMC

CITY OF OAKLAND, et al.,
Defendants.

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ORDER DISCHARING ORDER
DIRECTING PLAINTIFF TO SHOW
CAUSE WHY CLAIMS AGAINST
DEFENDANT FRANK MORROW
SHOULD NOT BE DISMISSED

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By order filed January 18, 2018, the Court directed plaintiff Juleana Stewart to

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show cause why her claims against defendant Frank Morrow ("Morrow") should not be

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dismissed for failure to timely serve the summons and complaint upon him. Before the

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Court are plaintiff's Response to Order to Show Cause, filed February 15, 2018, and a

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Supplemental Response to Order to Show Cause, filed February 16, 2018. Having read

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and considered plaintiff's filings, the Court hereby rules as follows.
In support of her initial Response, plaintiff has submitted a declaration from her

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counsel of record, along with the process server's proof of substituted service upon

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Morrow. Although, in connection with her Supplemental Response, plaintiff has

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submitted a letter her counsel received from Morrow, in which Morrow, inter alia, denies

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such service was proper, the Court finds plaintiff has made a sufficient showing to

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warrant discharge of its prior order.

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//

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Accordingly, the order to show cause is hereby DISCHARGED, without prejudice
to Morrow's raising, by noticed motion, any challenge to the propriety of service.
IT IS SO ORDERED.
Dated: February 21, 2018
MAXINE M. CHESNEY
United States District Judge

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United States District Court
Northern District of California

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