Hurst v. Federal Deposit Insurance Corporation

Filing 9

ORDER VACATING OCTOBER 25, 2011 CASE MANAGEMENT CONFERENCE AND REQUIRING PROOF OF SERVICE OF THE SUMMONS AND COMPLAINT. Signed by Judge Claudia Wilken on October 21, 2011. (cwlc3, COURT STAFF) (Filed on 10/21/2011)

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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,

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United States District Court
For the Northern District of California

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v.
FEDERAL DEPOSIT INSURANCE
CORPORATION, as receiver for
UNITED COMMERCIAL BANK, INC.,

No. C 11-3424 CW
ORDER VACATING
OCTOBER 25, 2011
CASE MANAGEMENT
CONFERENCE AND
REQUIRING PROOF OF
SERVICE OF THE
SUMMONS AND
COMPLAINT

Defendant.
________________________________/

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Following the reassignment of this action to the undersigned,

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a case management conference was scheduled for October 25, 2011.

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Docket No. 8.

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served a summons and complaint on Defendant.

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submitted the required joint case management statement.

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However, the Court notes that Plaintiff has not yet
Nor have the parties

Pursuant to Federal Rule of Civil Procedure 4(m), Plaintiff

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is required to serve Defendant with a summons and the complaint by

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November 10, 2012 or face dismissal of the action for failure to

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prosecute.

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within 120 days after the complaint is filed, the court--on motion

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or on its own after notice to the plaintiff--must dismiss the

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action without prejudice against that defendant or order that

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service be made within a specified time.").

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case management conference is rescheduled for December 13, 2011.

Fed. R. Civ. P. 4(m) ("If a defendant is not served

The October 25, 2011

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If Plaintiff does not file a timely proof of service on Defendant,

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the case will be dismissed for failure to prosecute and the case

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management conference will be vacated.

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IT IS SO ORDERED.

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Dated: 10/21/2011

CLAUDIA WILKEN
United States District Judge

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United States District Court
For the Northern District of California

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