Ingram v. City of San Francisco Police Department et al

Filing 13

ORDER CONCERNING DEFENDANTS 12 MOTION TO DISMISS. Signed by Judge Claudia Wilken on 2/5/2013. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 2/5/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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BARRY G. INGRAM,

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Plaintiff,

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United States District Court
For the Northern District of California

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No. C 13-0224 CW
ORDER CONCERNING
DEFENDANT’S MOTION
TO DISMISS

v.
CITY OF SAN FRANCISCO POLICE
DEPARTMENT; SFPD OFFICER SGT.
FRAZER; SFPD OFFICER JENNIFER G.
FIORELLO; and SFPD OFFICER
KHMARSKIY,
Defendants.
________________________________/

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On February 4, 2013, Defendant City and County of San

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Francisco re-filed its motion to dismiss Plaintiff Barry Ingram’s

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first amended complaint.

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support of that motion refers to two exhibits.

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n.4.

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Defendant’s motion and Defendant’s proof of service does not

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indicate whether these exhibits have been served on Plaintiff.

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Id. at 10.

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attached exhibits as soon as possible with proof that it served

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these exhibits on Plaintiff.

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dismiss (Docket No. 4) is hereby TERMINATED.

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Docket No. 12.

The memorandum in
See id. at 2, 8

Neither of these exhibits, however, is attached to

Accordingly, Defendant is directed to file the

Defendant’s previous motion to

Plaintiff’s opposition to Defendant’s motion is due by

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February 22, 2013.

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opposition, his case may be dismissed for failure to prosecute.

If Plaintiff fails to file a timely

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Plaintiff has yet to serve his first amended complaint on the

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three individual officers named as defendants in this action: Sgt.

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Frazer, Officer Fiorello, and Officer Khmarskiy.

Under Federal

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Rule of Civil Procedure 4(m), Plaintiff must serve his complaint

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on these defendants before April 2, 2013 or his claims against

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them will be dismissed.

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IT IS SO ORDERED.

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Dated: 2/5/2013

CLAUDIA WILKEN
United States District Judge

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United States District Court
For the Northern District of California

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