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