Nelson et al v. Facebook

Filing 16

ORDER REGARDING SERVICE OF PROCESS. Signed by Magistrate Judge Alex G. Tse on 1/19/2023. (agtlc2, COURT STAFF) (Filed on 1/19/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

Case 3:22-cv-03433-AGT Document 16 Filed 01/19/23 Page 1 of 2

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TIFFANY NELSON, et al.,

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Plaintiffs,

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ORDER REGARDING SERVICE OF
PROCESS

v.

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FACEBOOK,

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Defendant.

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United States District Court
Northern District of California

Case No. 22-cv-03433-AGT

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On June 6, 2022, plaintiffs filed the complaint underlying this action. To date, however,

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the docket does not contain proof of service or waiver of service for the defendant, nor has the

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defendant appeared in this action.

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Rule 4(m) of the Federal Rules of Civil Procedure provides in pertinent part:

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If a defendant is not served within 90 days after the complaint is filed,
the court – on motion or on its own after notice to the plaintiff – must
dismiss the action without prejudice against that defendant or order
that service be made within a specified time. But if the plaintiff shows
good cause for the failure, the court must extend the time for service
for an appropriate period.

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The 90-day period for service provided by Rule 4(m) expired over four months ago, on

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September 4, 2022. The Court previously advised plaintiffs, who are proceeding pro se, of their

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Rule 4 service obligations during both the September 16, 2022, and the November 18, 2022, case

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management conferences.1
Accordingly, plaintiffs are ordered to serve the summons and complaint on the defendant,

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and file proof of service, by no later than February 17, 2023. If plaintiffs do not file proof of

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The Court also advised plaintiffs that the corporate plaintiff, Cocoa Yacht Club, Inc., cannot
proceed pro se and must be represented by a licensed attorney.

Case 3:22-cv-03433-AGT Document 16 Filed 01/19/23 Page 2 of 2

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service by February 17, the undersigned will recommend that a district judge dismiss the case

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without prejudice. See Fed. R. Civ. P. 41(b).

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The further case management conference scheduled for January 20, 2023, is vacated and
will be reset, if necessary, upon resolution of the service issue.
IT IS SO ORDERED.
Dated: January 19, 2023

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ALEX G. TSE
United States Magistrate Judge

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United States District Court
Northern District of California

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