Quillinan v. Ainsworth et al

Filing 9

ORDER granting Plaintiff's #7 Motion for Leave to File Amended Complaint. #8 First Amended Complaint is considered filed. Plaintiff has until June 19, 2017 to serve the first amended complaint on all defendants. ORDER continuing Initial Case Management Conference to 8/22/2017 01:30 PM. Separate Case Management Statements due by 8/15/2017. Signed by Judge Kandis A. Westmore on 4/6/2017. (kawlc1, COURT STAFF) (Filed on 4/6/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 KEVIN DANIEL QUILLINAN, Plaintiff, 8 v. 9 10 RUSSELL AINSWORTH, et al., Defendants. United States District Court Northern District of California 11 Case No. 4:17-cv-00077-KAW ORDER GRANTING LEAVE TO FILE FIRST AMENDED COMPLAINT; ORDER CONTINUING CASE MANAGEMENT CONFERENCE Re: Dkt. No. 7 12 13 On March 16, 2017, Plaintiff Kevin Quillinan filed a Motion for Permission to file an 14 Amended Complaint, which the Court will construe as a motion for leave to file an amended 15 complaint. (Dkt. No. 7.) The motion for leave to file an amended complaint is GRANTED, and 16 the Court will consider the First Amended Complaint (Dkt. No. 8) as properly filed. 17 Plaintiff is advised that, if the defendants do not waive service, he is required to serve them 18 pursuant to Federal Rule of Civil Procedure 4(e), and file the proofs of service on the docket. Fed. 19 R. Civ. P. 4(l). Furthermore, service must be made within 90 days after the complaint is filed. 20 Fed. R. Civ. P. 4(m). The failure to timely serve the defendants may result in the case being 21 dismissed without prejudice. See id. As Plaintiff described his attempts to have the defendants 22 waive service, the undersigned will extend his time to serve all defendants to June 19, 2017. (See 23 Dkt. No. 7.) If service is not timely effected by that date, either by waiver or by actual service, 24 and Plaintiff has not filed a Motion for Administrative Relief from the deadline pursuant to Civil 25 L.R. 7-11, the case may be dismissed. 26 /// 27 /// 28 /// 1 Accordingly, the April 11, 2017 case management conference is continued to August 22, 2 2017 at 1:30 p.m. at 1301 Clay Street, Oakland, California. Separate case management statements 3 are due by August 15, 2017. 4 5 IT IS SO ORDERED. Dated: April 6, 2017 __________________________________ KANDIS A. WESTMORE United States Magistrate Judge 6 7 8 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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