Rabb v. California Department of Corrections

Filing 22

ORDER to File Proof of Service. Case Management Statement due by 10/24/2017. Initial Case Management Conference set for 10/31/2017 01:30 PM. Signed by Judge Kandis A. Westmore on 7/18/2017. (kawlc2, COURT STAFF) (Filed on 7/18/2017) (Additional attachment(s) added on 7/18/2017: # 1 Certificate/Proof of Service) (sisS, COURT STAFF).

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 KANIKA RABB, Case No. 16-cv-05628-KAW Plaintiff, 8 ORDER TO FILE PROOF OF SERVICE v. 9 10 CALIFORNIA DEPARTMENT OF CORRECTIONS, 11 United States District Court Northern District of California Defendant. 12 13 On October 4, 2016, Plaintiff Kanika Rabb filed the instant suit against Defendant 14 California Department of Corrections, asserting employment discrimination under the Americans 15 with Disabilities Act. (Dkt. No. 1 at 1, 3.) On April 19, 2017, the Court issued summons. On 16 July 17, 2017, Plaintiff filed a "Certificate of Service" of the summons and complaint. Plaintiff, 17 however, used the incorrect form, and did not state when service took place. (Dkt. No. 20 at 2.) 18 Accordingly, Plaintiff is ORDERED to file a proof of service of the summons and 19 complaint by August 1, 2017. Plaintiff must use the proof of service contained in Form AO 440 20 (available on the Court's website), which must be filled out in its entirety.1 Failure to do so may 21 result in the Court dismissing the case for failure to serve under Federal Rule of Civil Procedure 22 4(m), which states: 23 If a defendant is not served within 90 days after the complaint is filed, the court -- on motion or on its own after notice to the plaintiff -- must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period. 24 25 26 27 1 28 Per Federal Rule of Civil Procedure 4, service must be performed by a "person who is at least 18 years old and not a party . . . ." 1 The initial case management conference set for July 25, 2017 is CONTINUED to October 31, 2 2017 at 1:30 p.m. The case management conference statement is due by October 24, 2017. 3 Plaintiff may wish to contact the Federal Pro Bono Project’s Help Desk—a free service for 4 pro se litigants—by calling (415) 782-8982. The Court has also adopted a manual for use by pro 5 se litigants, which may be helpful to Plaintiff. This manual, and other free information is available 6 online at: http://cand.uscourts.gov/pro-se. 7 8 IT IS SO ORDERED. Dated: July 18, 2017 __________________________________ KANDIS A. WESTMORE United States Magistrate Judge 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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