Lynn Gavin et al v. San Francisco Housing Authority et al

Filing 35

ORDER RE: PLAINTIFFS' PROOF OF SERVICE re 34 Certificate of Service filed by Lynn Gavin. Signed by Judge Yvonne Gonzalez Rogers on 2/23/2017. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 2/23/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LYNN GAVIN, ET AL.,

Case No. 16-cv-04974-YGR

Plaintiffs,
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v.

ORDER RE: PLAINTIFFS' PROOF OF
SERVICE

United States District Court
Northern District of California

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OFFICE OF THE MAYOR, ET AL.,

Re: Dkt. No. 34

Defendants.
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By Order dated November 16, 2017, the Court allowed plaintiffs an additional opportunity

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to serve the federal defendants in this case, even though the Court remains skeptical of the

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viability of any claim. Plaintiffs were to perfect service by January 16, 2017. The Court extended

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the time once already to February 10, 2017. Plaintiffs’ most recent attempt to effectuate service is

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inadequate. The Court notes that plaintiff Gavin mailed (not registered or certified) a copy of the

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complaint to the U.S. Attorney General in Washington, DC. (Dkt. No. 34.) This is insufficient.

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Plaintiffs must properly serve the federal defendants pursuant to Federal Rules of Civil Procedure

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4(i)(1) and (2) governing service on the United States, its agencies, and its employees. Rule 4(i)(1)

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states as follows:

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To serve the United States, a party must:

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(A)(i) deliver a copy of the summons and of the complaint to the United States
attorney for the district where the action is brought--or to an assistant United States
attorney or clerical employee whom the United States attorney designates in a
writing filed with the court clerk—or (ii) send a copy of each by registered or
certified mail to the civil-process clerk at the United States attorney’s office; [and]

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(B) send a copy of each by registered or certified mail to the Attorney General of

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the United States at Washington, D.C.; and
(C) if the action challenges an order of a nonparty agency or officer of the United
States, send a copy of each by registered or certified mail to the agency or officer.
Rule 4(i)(2) states as follows:
To serve a United States agency or corporation, or a United States officer or
employee sued only in an official capacity, a party must serve the United States and
also send a copy of the summons and of the complaint by registered or certified
mail to the agency, corporation, officer, or employee.
Plaintiffs are directed to serve the second amended complaint upon all defendants by
March 20, 2017. Failure to do will result in dismissal without prejudice of this action.
Plaintiff Gavin is further advised that, in the future, any attempt to circumvent Judge
Chen’s vexatious litigant order by filing in state court will not shield her from this Court applying

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United States District Court
Northern District of California

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that standard if that case is properly removed to the federal court.

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IT IS SO ORDERED.
Dated: February 23, 2017
______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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