Austin v. City of Oakland et al

Filing 21

ORDER DIRECTING PLAINTIFF TO PROVIDE SERVICE INFORMATION; SETTING CASE MANAGEMENT CONFERENCE. Initial Case Management Conference set for 12/11/2017 02:00 PM in Courtroom 1, 4th Floor, Oakland. Signed by Judge Yvonne Gonzalez Rogers on 9/21/17. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 9/21/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 8 SAMUEL E. AUSTIN, Plaintiff, 9 10 Northern District of California United States District Court 11 Case No.: 17-CV-03284 YGR ORDER DIRECTING PLAINTIFF TO PROVIDE SERVICE INFORMATION; SETTING CASE MANAGEMENT CONFERENCE vs. CITY OF OAKLAND., et al., 12 Defendants. 13 14 Pro se plaintiff Samuel E. Austin filed the present lawsuit on June 7, 2017, which was initially 15 assigned to Magistrate Judge Elizabeth D. Laporte. (Dkt. No. 1.) On June 13, 2017, Judge Laporte 16 granted Austin’s request to proceed in forma pauperis, and apprised him of his “responsibility to 17 serve the complaint and any amendments, scheduling orders, attachments, pursuant to Rule 4, Federal 18 19 20 Rules of Civil Procedure.” (Dkt. No. 5 at 2.) On June 19, 2017, the case was reassigned to this Court. (Dkt. No. 8.) It is the responsibility of the plaintiff to provide sufficient information to ensure prosecution 21 of his action. To date, plaintiff has not provided the addresses of each of the defendants for service. 22 The Court therefore ORDERS that Austin shall file, no later than October 19, 2017, either: (1) a 23 24 25 26 27 28 statement listing the names and addresses of the defendants to be served; or (2) a motion for additional time explaining the reasons why such information cannot be provided. Should Austin fail 1 to comply with this deadline, this action will be dismissed against all defendants without 2 prejudice for failure to serve and prosecute. Fed. R. Civ. P. 4(m).1 3 A Case Management Conference shall be held in this case on Monday, December 11, 2017, 4 at 2:00 p.m., in Courtroom 1 of the United States Courthouse located at 1301 Clay Street in Oakland, 5 California. The parties shall file a joint case management conference statement seven days in 6 7 8 advance of the case management conference date. The statement must include all elements requested in the “Standing Order for All Judges of the Northern District of California – Contents of Joint Case Management Statement.” 9 10 Northern District of California United States District Court 11 12 IT IS SO ORDERED. 13 14 September 21 Date: __________, 2017 15 _______________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 16 17 18 19 20 21 22 23 1 24 25 26 27 28 The Court further notes that plaintiff must keep the Court informed of any change of address and must comply with the Court’s orders in a timely fashion. Pursuant to Northern District Local Rule 3-11 a party proceeding pro se whose address changes while an action is pending must promptly file a notice of change of address specifying the new address. See L.R. 3-11(a). The Court may dismiss without prejudice a complaint when mail directed to the pro se party by the Court has been returned to the Court as not deliverable, and the Court does not receive, within sixty days of such a return, any written communication from the pro se party indicating a current address. See L.R. 311(b). 2

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