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)

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Case 3:22-cv-03433-AGT Document 16 Filed 01/19/23 Page 1 of 2 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 TIFFANY NELSON, et al., 7 Plaintiffs, 8 ORDER REGARDING SERVICE OF PROCESS v. 9 FACEBOOK, 10 Defendant. 11 United States District Court Northern District of California Case No. 22-cv-03433-AGT 12 On June 6, 2022, plaintiffs filed the complaint underlying this action. To date, however, 13 14 the docket does not contain proof of service or waiver of service for the defendant, nor has the 15 defendant appeared in this action. 16 Rule 4(m) of the Federal Rules of Civil Procedure provides in pertinent part: 17 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. 18 19 20 The 90-day period for service provided by Rule 4(m) expired over four months ago, on 21 22 September 4, 2022. The Court previously advised plaintiffs, who are proceeding pro se, of their 23 Rule 4 service obligations during both the September 16, 2022, and the November 18, 2022, case 24 management conferences.1 Accordingly, plaintiffs are ordered to serve the summons and complaint on the defendant, 25 26 and file proof of service, by no later than February 17, 2023. If plaintiffs do not file proof of 27 28 1 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 1 service by February 17, the undersigned will recommend that a district judge dismiss the case 2 without prejudice. See Fed. R. Civ. P. 41(b). 3 4 5 6 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 7 8 ALEX G. TSE United States Magistrate Judge 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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