Paniagua v. County of Alameda et al

Filing 12

ORDER ON PLAINTIFFS FAILURE TO FILE AN OPPOSITION 9 AND PROOFS OF SERVICE ON DEFENDANTS CELESTE DRUMMOND AND MELISSA TURNER. Signed by Judge Claudia Wilken on 10/8/2010. (ndr, COURT STAFF) (Filed on 10/8/2010)

Paniagua v. County of Alameda et al

Doc. 12

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. DEBRA PANIAGUA,

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA No. 10-01981 CW ORDER ON PLAINTIFF'S FAILURE TO FILE AN OPPOSITION AND PROOFS OF SERVICE ON DEFENDANTS CELESTE DRUMMOND AND MELISSA TURNER

Plaintiff,

COUNTY OF ALAMEDA, et al., Defendants. /

On September 13, 2010, Defendants County of Alameda, Karen Benjamin and Denise Smith moved to dismiss Plaintiff Debra Paniagua's complaint. for October 28, 2010. October 8, 2010. Plaintiff failed to file an opposition. Plaintiff shall file The hearing on Defendants' motion was set Consequently, Plaintiff's opposition was due

an opposition by October 14, 2010, or her claims against these Defendants will be dismissed for failure to prosecute. If an

opposition is filed, Defendants' reply shall be due one week thereafter. the papers. 2010. In addition, Defendants Celeste Drummond and Melissa Turner have not appeared in this action and the Court's records do not show that they have been served. Plaintiff initiated her action on Defendants' motion will be taken under submission on The Court VACATES the hearing set for October 28,

May 7, 2010, which required her to serve Ms. Drummond and Ms. Turner by September 7, 2010. 6(a)(1)(C). See Fed. R. Civ. P. 4(m) and

Accordingly, by October 14, 2010, Plaintiff shall file

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

proof that she served Ms. Drummond and Ms. Turner in accordance with Rule 4(m). In the alternative, Plaintiff may move to extend If

time for service, so long as she can demonstrate good cause.

she fails to file proofs of service or show good cause to extend time, Plaintiff's claims against Ms. Drummond and Ms. Turner will be dismissed without prejudice. IT IS SO ORDERED.

Dated:

10/8/2010

CLAUDIA WILKEN United States District Judge

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