Cato v. Goodwill Industries of San Francisco

Filing 26

ORDER RE-REFERRING CASE TO U.S. MAGISTRATE JUDGE DONNA M. RYU TO DETERMINE WHETHER CASES ARE RELATED; ORDER CONTINUING CASE MANAGEMENT CONFERENCE IN C 11-5156 LB. Signed by Magistrate Judge Laurel Beeler on 6/5/2012. (Attachments: # 1 Certificate/Proof of Service)(ls, COURT STAFF) (Filed on 6/5/2012)

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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco
MARK CATO,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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No. C 11-05156 LB
Plaintiff,

v.
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COMMUNITY JOB PROGRAM, et al.,
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Defendants.
_____________________________________/

ORDER RE-REFERRING CASE TO
U.S. MAGISTRATE JUDGE DONNA
M. RYU TO DETERMINE WHETHER
CASES ARE RELATED; ORDER
CONTINUING CASE MANAGEMENT
CONFERENCE IN C 11-5156 LB

Plaintiff Mark Cato filed this lawsuit on October 20, 2011. ECF No. 1. Following his consent

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to this court's jurisdiction, the undersigned granted his Mr. Cato's motion to proceed in forma

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pauperis, and the U.S. Mashall issued a summons as to named defendants Community Job Programs

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and S.F. Private Industry Council. ECF Nos. 5, 6, 7. On January 9, 2012, Goodwill filed a motion

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to dismiss on the ground that on September 22, 2011, Magistrate Judge Ryu dismissed a case based

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on the same facts on statute of limitations grounds. Memorandum, ECF No. 9-1 at 2; Request for

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Judicial Notice (referencing Cato v. Goodwill Indus. of San Francisco, C 11 2553 DMR). Goodwill

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also moved to dismiss on the ground that the named defendants (Community Jobs Programs and S.F.

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Private Industry Council) were not served, Goodwill is not a named defendant, Goodwill mistakenly

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accepted service (which was incorrectly addressed to Goodwill's headquarters), and service was

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defective. Id. at 2-3; see also Order, ECF No. 13. Plaintiff did not file an opposition by the due

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date, and the court then denied the motion to dismiss for several reasons but ultimately quashed the

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December 19, 2011 service attempt on Goodwill. Order, ECF No. 12. By separate order, the court

C 11-05156 LB
ORDER

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extended the due date for service from February 17, 2012 to March 16, 2012 and ordered Mr. Cato

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to provide accurate service addresses to the U.S. Marshal or file proof of service for the named

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defendants by March 16, 2012 (or show good cause for his failure to do so). Order, ECF No. 13, at

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2-3. The court also warned him that failure to comply with the order would result in dismissal

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without prejudice under Federal Rule of Civil Procedure 4(m). Id.

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filed a late opposition to the motion to quash, noting that Magistrate Judge Ryu previously (1) said

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that Goodwill was not the proper defendant and Community Job Program was the correct defendant

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and (2) encouraged him to re-file. Opposition, ECF No. 15 at 3; cf. Order Granting Goodwill's

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Motion to Dismiss, C 11 5156 DMR, ECF No. 9-3 (dismissing case with prejudice for failure to

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state a claim).
For all of these reasons, the court previously referred this matter to Judge Ryu as the low number

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For the Northern District of California

UNITED STATES DISTRICT COURT

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Thereafter, Mr. Cato

case to determine whether the cases are related. Order, ECF No. 21. That referral never was

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docketed on the docket sheet in her case, and so by this order, the court re-issues its request (and

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includes this timeline to set forth the procedural history).

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Under the circumstances, the court vacates the case management conference currently set for
June 7, 2012, at 10:30 a.m. and re-sets it for July 12, 2012 at 10:30 a.m.
IT IS SO ORDERED.
Dated: June 5, 2012

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_______________________________
LAUREL BEELER
United States Magistrate Judge

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C 11-05156 LB
ORDER

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