Phelps v. Salvation Army et al

Filing 12

ORDER: DISMISSAL FOR FAILURE TO SERVE DEFENDANT AND PAY FILING FEES. Signed by Judge Trina L. Thompson on 7/2/2024. (rfm, COURT USER) (Filed on 7/3/2024)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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 BRIGGETT PHELPS, Case No. 24-cv-00670-TLT Plaintiff, 8 v. 9 10 SALVATION ARMY, et al., ORDER: DISMISSAL FOR FAILURE TO SERVE DEFENDANT AND PAY FILING FEES Defendants. United States District Court Northern District of California 11 12 13 This action was filed on January 5, 2024. (ECF. 1.) Pursuant to Rule 4(m) of the Federal 14 Rules of Civil Procedure, Plaintiff has 90 days to complete service of the complaint and summons 15 on Defendant, such that April 4, 2024 was the last day to complete service or to file a Motion for 16 Administrative Relief from the deadline pursuant to Civil L.R. 7-11. 17 To date, no proof of service has been filed. In addition, the Plaintiff failed to pay the filing 18 fee as ordered by the Court. Payment was due on March 22, 2024 and May 31, 2024. (ECF 5.) To 19 date, the filing fees have not been tendered. 20 21 22 23 Finally, the correspondence sent to the Plaintiff was returned to the Court marked “undeliverable”. (ECF 11.) The Case Management Conference (CMC), originally scheduled for August 22, 2024, is hereby vacated (ECF 9.) 24 For the reasons stated above: 25 IT IS HEREBY ORDERED that this matter is DISMISSED for failure to comply with the 26 deadline to complete service on Defendant, failure to comply with court orders, failure to advise 27 the court of a current mailing address, or to file a Motion for Administrative Relief. 28 1 The Clerk of the Court is ordered to close the case and terminate the matter. 2 IT IS SO ORDERED. 3 4 5 Dated: July 2, 2024 ______________________________________ TRINA L. THOMPSON United States District Judge 6 7 8 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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