Hurst v. Federal Deposit Insurance Corporation

Filing 10

ORDER CORRECTING DEADLINE FOR PROOF OF SERVICE OF THE SUMMONS AND COMPLAINT. Signed by Judge Claudia Wilken on 11/21/2011. (ndr, COURT STAFF) (Filed on 11/21/2011)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 9 ANDRE HURST, an individual doing business as THE PEGASUS GROUP, Plaintiff, United States District Court For the Northern District of California 10 11 12 13 14 v. No. C 11-3424 CW ORDER CORRECTING DEADLINE FOR PROOF OF SERVICE OF THE SUMMONS AND COMPLAINT FEDERAL DEPOSIT INSURANCE CORPORATION, as receiver for UNITED COMMERCIAL BANK, INC., Defendant. ________________________________/ 15 16 On October 21, 2011, the Court warned Plaintiff that failure 17 to serve Defendant with a summons and the complaint, pursuant to 18 Federal Rule of Civil Procedure 4(m), would result in dismissal of 19 this action for failure to prosecute. 20 defendant is not served within 120 days after the complaint is 21 filed, the court--on motion or on its own after notice to the 22 plaintiff--must dismiss the action without prejudice against that 23 defendant or order that service be made within a specified time." 24 Plaintiff has provided no indication that he has served Defendant. 25 However, the October 21, 2011 order incorrectly stated that the 26 deadline for service was November 10, 2012, rather than November 27 10, 2011. 28 before December 1, 2011, Plaintiff shall serve Defendant or submit Rule 4(m) states, "If a To ensure that this action is promptly resolved, on or 1 a request for an extension of time for service, or face dismissal 2 of this action without prejudice for failure to prosecute. 3 IT IS SO ORDERED. 4 5 6 Dated: 11/21/2011 CLAUDIA WILKEN United States District Judge 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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