Sanders v. Department of Fair Employment and Housing

Filing 11

ORDER RE: SECOND MOTION FOR ENTRY OF DEFAULT re 10 Second MOTION for Entry of Default. Signed by Judge Yvonne Gonzalez Rogers on 11/19/2021. (fs, COURT STAFF) (Filed on 11/19/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 1 2 3 MALAKA SANDERS, 4 Plaintiff, 5 6 7 8 9 vs. CASE NO. 4:21-cv-07740-YGR ORDER RE: SECOND MOTION FOR ENTRY OF DEFAULT Dkt. No. 10 DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING Defendant. The Court has reviewed plaintiff’s second request for entry of default. (Dkt. No. 10.) This request is denied consistent with her first request. (Dkt. Nos. 8, 9.) The Court provides further 11 United States District Court Northern District of California 10 guidance below. 12 Federal Rule of Civil Procedure 4(j)(2) requires that a plaintiff comply with state law when 13 serving a state entity. Here, California law states that “[a] summons may be served on a public 14 entity by delivering a copy of the summons and of the complaint to the clerk, secretary, president, 15 presiding officer, or other head of its governing body.” Cal. Code Civ. Proc. § 416.50(a). 16 Plaintiff has not served the California Department of Fair Employment and Housing 17 consistent with California Code of Civil Procedure section 416.50(a). California law does not 18 provide that service on the California Attorney General satisfies plaintiff’s obligation, rather it 19 must be served on the Department’s “clerk, secretary, president, presiding officer, or other head of 20 its governing body.” Id. 21 However, plaintiff should be aware that it is not clear that the Court can order the relief 22 that plaintiff seeks in any event. Plaintiff may want to consider contacting the Legal Help Center. 23 Parties can make an appointment to speak with an attorney who can provide basic legal 24 information and assistance. The Help Center does not see people on a “drop-in” basis, and will 25 not be able to represent parties in their cases. There is no charge for this service. To make an 26 appointment with the Legal Help Center, you may: (1) sign up in person on the appointment book 27 outside the Legal Help Center offices at the San Francisco Courthouse (15th Floor, Room 2796) or 28 1 Oakland Courthouse (Room 470S); (2) call 415-782-8982; or (3) email fedpro@sfbar.org. The 2 Help Center’s website is available at https://cand.uscourts.gov/legal-help. 3 The District Court has produced a guide for self-represented/pro se litigants called 4 Representing Yourself in Federal Court: A Handbook for Pro Se Litigants, which provides 5 instructions on how to proceed at every stage of a case, including discovery, motions, and trial. It 6 is available electronically online (https://cand.uscourts.gov/wp- 7 content/uploads/2020/02/Pro_Se_Handbook_2020_links_8-2021.pdf) or in hard copy, free of 8 charge, from the Clerk’s Office. 9 This Order terminates Docket Number 10. IT IS SO ORDERED. 11 United States District Court Northern District of California 10 Dated: November 19, 2021 12 13 _______________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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