Allstate Insurance Company v. Pira et al

Filing 21

ORDER REGARDING SERVICE OF PROCESS, REQUIRING PROOF OF TIMELY SERVICE AND CONTINUING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 1/11/2012. Initial Case Management Conference set for 1/18/2012 02:00 PM. Signed by Judge Claudia Wilken on 10/24/2011. (ndr, COURT STAFF) (Filed on 10/24/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ALLSTATE INSURANCE COMPANY,

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Plaintiff,

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v.
ANDREW PIRA, RICHARD PIRA and
ALEXANDER YIN,
Defendants.

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United States District Court
For the Northern District of California

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No. C 11-3511 CW
ORDER REGARDING
SERVICE OF
PROCESS, REQUIRING
PROOF OF TIMELY
SERVICE AND
CONTINUING CASE
MANAGEMENT
CONFERENCE

________________________________/

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On July 18, 2011, Plaintiff Allstate Insurance Company filed
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this action against Defendants Andrew Pira, Richard Pira and
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Alexander Yin.

Plaintiff served Andrew Pira and Richard Pira,

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both of whom failed to respond to the complaint within the time
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period specified by Federal Rule of Civil Procedure 12(a)(1)(A).
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Following requests from Plaintiff, the Clerk of the Court entered
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defaults pursuant to Federal Rule of Civil Procedure 55(a) against
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Andrew Pira on September 9, 2011 and Richard Pira on October 14,
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2011.
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Plaintiff has not yet filed proof of service of process on
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Alexander Yin.

Under Federal Rule of Civil Procedure 4(m),

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service of process on this Defendant must be perfected by November
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15, 2011.
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By November 18, 2011, Plaintiff shall file proof that
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Plaintiff served Defendants within the 120-day period required by
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Rule 4(m).

Alternatively, by November 18, 2011, Plaintiff may

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file a motion to extend time for service, so long as Plaintiff can
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demonstrate good cause.

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Order will result in the dismissal of Plaintiff’s claim against

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this Defendant for failure to prosecute.

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Plaintiff’s failure to comply with this

The case management conference set for October 25, 2011 is
continued to January 18, 2012 at 2:00 p.m.
IT IS SO ORDERED.

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Dated: 10/24/2011

CLAUDIA WILKEN
United States District Judge

United States District Court
For the Northern District of California

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