Ortega v. City of Santa Clara et al

Filing 76

ORDER re 1 Complaint, filed by Carlos A. Ortega. Signed by Judge ARMSTRONG on 4/3/13. (lrc, COURT STAFF) (Filed on 4/2/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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v.
DR. MARK RITCHIE, et al.,
Defendants.

United States District Court
For the Northern District of California

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NOTICE REGARDING INABILITY TO
SERVE DEFENDANT SALMA KAHN

Plaintiff,

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No. C 09-05527 SBA (PR)

CARLOS A. ORTEGA,

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Service has been ineffective on Defendant Salma Kahn. The Court has been informed that

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Defendant Kahn "is no longer a [Santa Clara] County employee" and the Santa Clara County

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Counsel's Office is "unaware of her present mailing address." (Aug. 20, 2012 Letter from Deputy

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County Counsel Mark. F. Bernal at 1.)

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While Plaintiff may rely on service by the United States Marshal, "a plaintiff may not remain

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silent and do nothing to effectuate such service. At a minimum, a plaintiff should request service

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upon the appropriate defendant and attempt to remedy any apparent defects of which [he] has

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knowledge." Rochon v. Dawson, 828 F.2d 1107, 1110 (5th Cir. 1987). If the marshal is unable to

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effectuate service and the plaintiff is so informed, the plaintiff must seek to remedy the situation or

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face dismissal of the claims regarding that defendant under Federal Rule of Civil Procedure 4(m).

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See Fed. R. Civ. P. 4(m) (providing that if service of the summons and complaint is not made upon a

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defendant in 120 days after the filing of the complaint, the action must be dismissed without

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prejudice as to that defendant absent a showing of "good cause"); see also Walker v. Sumner, 14

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F.3d 1415, 1421-22 (9th Cir. 1994) (prisoner failed to show cause why prison official should not be

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dismissed under Rule 4(m) because prisoner did not prove that he provided marshal with sufficient

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information to serve official).

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No later than twenty-eight (28) days from the date of this Order, Plaintiff must provide the

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Court with a current address for Defendant Kahn. Plaintiff should review the federal discovery

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rules, Rules 26-37 of the Federal Rules of Civil Procedure, for guidance about how to determine the

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current address of this Defendant.

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If Plaintiff fails to provide the Court with the current address of Defendant Kahn

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within the thirty-day deadline, all claims against this Defendant will be dismissed without

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prejudice under Rule 4(m).

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IT IS SO ORDERED.

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DATED:

4/3/13
SAUNDRA BROWN ARMSTRONG
United States District Judge

United States District Court
For the Northern District of California

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G:\PRO-SE\SBA\CR.09\Ortega5527.locateD-Kahn.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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CARLOS A. ORTEGA,
Case Number: CV09-05527 SBA

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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SAN JOSE CITY OF et al,
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Defendant.
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United States District Court
For the Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on April 2, 2013, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said
envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
located in the Clerk's office.

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Carlos A. Ortega #09071890
Santa Clara County Corrections - San Jose
#CTL532
885 N. San Pedro Street
San Jose, CA 95110

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Dated: April 2, 2013
Richard W. Wieking, Clerk
By: Lisa Clark, Deputy Clerk

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