Vierra v. Hunt

Filing 8

ORDER Continuing Case Management Conference; and Directing Plaintiff to Properly Serve Defendant. Signed by Judge Patricia V. Trumbull on 8/31/10. CMC Continued to 11/16/10 at 2:00 p.m. CMC Statements due by 11/9/10.(pvtlc1) (Filed on 9/2/2010)

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Vierra v. Hunt Doc. 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A Case Management Conference was scheduled in this case for 2:00 p.m. on August 31, 2010. None of the parties made an appearance at the Case Management Conference. In addition, it appears from the docket that Plaintiff attempted to effect service of process by mailing the summons and complaint on Defendant by mail. Such service does not meet the requirements of Federal Rules of Civil Procedure 4. Therefore, based on the file herein, IT IS HEREBY ORDERED that the Case Management Conference is CONTINUED to 2:00 p.m. on November 16, 2010 in Courtroom 5 of this court. The parties shall file their Case Management Conference Statements no later than November 9, 2010. IT IS FURTHER ORDERED that, no later than October 5, 2010, Plaintiff shall have the summons and complaint (along with the other documents required to be served with the complaint), served on Defendant by having a process server (or other non-party over the age of 18) either: OR D E R, page 1 Dockets.Justia.com UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION KATHLEEN MARY VIERRA, ) ) Plaintiff, ) ) v. ) ) STEPHEN J. HUNT, ) ) Defendant. ) ___________________________________ ) Case No.: C 10-2239 PVT ORDER CONTINUING CASE MA N A G E M E N T CONFERENCE; AND DIRECTING PLAINTIFF TO PROPERLY SE R V E DEFENDANT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1) deliver copies to Defendant personally; or 2) leave copies at Defendant' dwelling or usual place of abode with someone of suitable age and discretion who resides there. See, FED.R.CIV.PRO. 4(e)(2). Plaintiff shall file a proof of such service no later than October 12, 2010. Dated: 8/31/10 PATRICIA V. TRUMBULL United States Magistrate Judge OR D E R, page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 OR D E R, page 3 /s/ Donna Kirchner DONNA KIRCHNER Judicial Law Clerk copies mailed on 9/1/10 to: Kathleen Mary Vierra 1093 Leigh Avenue, #92 San Jose, CA 95126

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