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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ANDRE HURST, an individual doing
business as THE PEGASUS GROUP,
Plaintiff,

United States District Court
For the Northern District of California

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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.
________________________________/

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On October 21, 2011, the Court warned Plaintiff that failure

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to serve Defendant with a summons and the complaint, pursuant to

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Federal Rule of Civil Procedure 4(m), would result in dismissal of

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this action for failure to prosecute.

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defendant is not served within 120 days after the complaint is

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filed, the court--on motion or on its own after notice to the

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plaintiff--must dismiss the action without prejudice against that

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defendant or order that service be made within a specified time."

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Plaintiff has provided no indication that he has served Defendant.

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However, the October 21, 2011 order incorrectly stated that the

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deadline for service was November 10, 2012, rather than November

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10, 2011.

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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

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a request for an extension of time for service, or face dismissal

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of this action without prejudice for failure to prosecute.

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IT IS SO ORDERED.

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Dated: 11/21/2011

CLAUDIA WILKEN
United States District Judge

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United States District Court
For the Northern District of California

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