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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KANIKA RABB,

Case No. 16-cv-05628-KAW

Plaintiff,

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ORDER TO FILE PROOF OF SERVICE

v.

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CALIFORNIA DEPARTMENT OF
CORRECTIONS,

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United States District Court
Northern District of California

Defendant.
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On October 4, 2016, Plaintiff Kanika Rabb filed the instant suit against Defendant

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California Department of Corrections, asserting employment discrimination under the Americans

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with Disabilities Act. (Dkt. No. 1 at 1, 3.) On April 19, 2017, the Court issued summons. On

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July 17, 2017, Plaintiff filed a "Certificate of Service" of the summons and complaint. Plaintiff,

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however, used the incorrect form, and did not state when service took place. (Dkt. No. 20 at 2.)

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Accordingly, Plaintiff is ORDERED to file a proof of service of the summons and

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complaint by August 1, 2017. Plaintiff must use the proof of service contained in Form AO 440

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(available on the Court's website), which must be filled out in its entirety.1 Failure to do so may

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result in the Court dismissing the case for failure to serve under Federal Rule of Civil Procedure

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4(m), which states:

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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.

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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 . . . ."

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The initial case management conference set for July 25, 2017 is CONTINUED to October 31,

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2017 at 1:30 p.m. The case management conference statement is due by October 24, 2017.

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Plaintiff may wish to contact the Federal Pro Bono Project’s Help Desk—a free service for

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pro se litigants—by calling [phone]. The Court has also adopted a manual for use by pro

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se litigants, which may be helpful to Plaintiff. This manual, and other free information is available

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online at: http://cand.uscourts.gov/pro-se.

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IT IS SO ORDERED.
Dated: July 18, 2017
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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United States District Court
Northern District of California

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