Alcaraz v. KMF Oakland LLC
Filing
3
ORDER RE: SERVICE OF PROCESS AND RE-SETTING CASE MANAGEMENT CONFERENCE (Illston, Susan) (Filed on 8/7/2018) (Additional attachment(s) added on 8/7/2018: # 1 Certificate/Proof of Service) (tfS, COURT STAFF).
1
2
3
4
UNITED STATES DISTRICT COURT
5
NORTHERN DISTRICT OF CALIFORNIA
6
7
BERNARDO ALCARAZ,
Plaintiff,
8
9
10
United States District Court
Northern District of California
11
Case No. 18-cv-02801-SI
v.
KMF OAKLAND LLC,
ORDER RE: SERVICE OF PROCESS
AND RE-SETTING CASE
MANAGEMENT CONFERENCE
Defendant.
12
13
14
This action was filed on May 11, 2018. Plaintiff Bernardo Alcaraz is representing himself
pro se and has paid the necessary filing fees.
15
16
1. Service of Process (Serve Summons and Complaint on Defendant)
17
Plaintiff is notified that Rule 4(m) of the Federal Rules of Civil Procedure requires that
18
defendants be served with process within ninety days from the filing of the complaint. In this
19
instance, defendant is to be served no later than August 9, 2018. Defendant has not yet made an
20
appearance in this case, and the Court has no indication that plaintiff has served defendant. An
21
initial case management conference in the case is set for August 10, 2018.
22
In light of plaintiff’s pro se status, the Court will EXTEND plaintiff’s deadline to serve
23
the summons and complaint on defendant by an additional sixty days. Plaintiff must serve
24
defendant no later than October 8, 2018. This means that plaintiff will need to obtain a
25
“Summons in a Civil Action” form from the Clerk’s Office or from the Court’s website, and
26
present the summons to the Clerk for signing, sealing, and issuance prior to service of process. If
27
defendants are not served by October 8, 2018, the Court may dismiss this action without prejudice.
28
1
2. Case Management Conference
2
Because it appears that defendant has not yet been served, the Court VACATES the initial
3
case management conference set for August 10, 2018. The initial case management conference
4
is RE-SET for November 9, 2018, at 2:30 p.m. in Courtroom 1, 17th Floor, of the San
5
Francisco courthouse. A joint case management statement is due one week prior to the
6
initial case management conference.
7
8
3. Information for Pro Se Litigants
The Court advises that free information is available to pro se litigants from the Legal Help
10
Desk, if needed. Help Desks are located at the San Francisco and Oakland Courthouses and
11
United States District Court
Northern District of California
9
assistance is available by appointment. The San Francisco Help Desk is located at 450 Golden
12
Gate Ave., 15th Floor, Room 2796 San Francisco, CA 94102. The Oakland Help Desk is located
13
at 1301 Clay Street, 4th Floor, Room 470S Oakland, CA 94612. To make an appointment, call:
14
(415)782-8982. See also http://cand.uscourts.gov/helpcentersf. The Legal Help Desk can provide
15
plaintiff with information about how to accomplish service of process.
16
The Clerk’s Office has also published a handbook for pro se litigants, entitled
17
Representing Yourself in Federal Court: A Handbook for Pro Se Litigants. The handbook is
18
available free of charge from the Clerk’s Office or can be downloaded online at:
19
https://www.cand.uscourts.gov/prosehandbook.
20
21
22
23
24
IT IS SO ORDERED.
Dated: August 7, 2018
______________________________________
SUSAN ILLSTON
United States District Judge
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?