Idowu v. Astheimer et al

Filing 13

ORDER CONTINUING HEARING ON MOTION TO DISMISS; ORDER RE SERVICE OF PROCESS ON REMAINING DEFENDANTS; ORDER VACATING CMC. Motion Hearing re-set for 11/4/2010 11:00 AM in Courtroom 4, 3rd Floor, Oakland.. Signed by Judge Beeler on 9/2/10. (Attachments: # 1 Exhibit Consent or Decline Form Order)(lblc1, COURT STAFF) (Filed on 9/2/2010)

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Idowu v. Astheimer et al Doc. 13 1 2 3 4 5 6 7 8 9 10 11 UNITED UNITED STATES DISTRICT COURT 12 For the Northern District of California UNITED STATES DISTRICT COURT Northern District of California Oakland Division RUFUS IDOWU, v. Plaintiff, No. C 10-02672 LB ORDER CONTINUING HEARING; ORDER RE SERVICE OF PROCESS ON REMAINING DEFENDANTS 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WESLEY ASTHEIMER, et al., Defendants. _____________________________________/ On June 18, 2010, Plaintiff filed this lawsuit against Defendants Wesley Atheimer, Asset Recovery, and YRC, Inc. See Complaint, ECF No. 1. Pursuant to Federal Rule of Civil Procedure 4(m), Plaintiff has 120 days to serve all defendants with a summons and his Amended Complaint. While YRC has appeared in this case and has filed a motion to dismiss, Defendants Wesley Atheimer and Asset Recovery has not appeared, and Plaintiff has not filed proofs of service indicating that he has completed service of process on them. Accordingly, to allow Plaintiff sufficient time to complete service on the remaining defendants, and to ensure that all defendants have an opportunity to respond to Plaintiff's Amended Complaint and that any challenges to Plaintiff's Amended Complaint are addressed together, the Court sets the following deadlines. If Plaintiff has served Defendants Wesley Atheimer and Asset Recovery, or these defendants have agreed to waive service, Plaintiff shall immediately file proofs of service showing when and how service was completed or waivers of service completed by the defendants. If, however, Plaintiff has not served those defendants, Plaintiff shall complete service of process on them by C 10-02672 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 UNITED UNITED STATES DISTRICT COURT 12 For the Northern District of California October 16, 2010. When Plaintiff completes service, he shall immediately file proofs of service with the Court. Additionally, Plaintiff shall serve along with the summons and amended complaint a copy of the Court's Order Directing Parties to File Consent or Decline Form, attached to this order. The Court VACATES the September 16, 2010 hearing on YRC's motion to dismiss and RESETS the hearing for November 4, 2010 at 11:00 a.m. Additionally, the Court VACATES the Case Management Conference set for October 7, 2010. IT IS SO ORDERED. Dated: September 2, 2010 _______________________________ LAUREL BEELER United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C 10-02672 2

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