Su v. Defense Language Institute Foreign Language Center & POM

Filing 20

ORDER DENYING 19 Request for Action filed by Dantao Su. Signed by Judge Edward J. Davila on 5/6/2011. (ecg, COURT STAFF) (Filed on 5/6/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION
NO. C 10-04194 EJD

DANTAO SU,

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Plaintiff(s),

ORDER RE: PLAINTIFF’S REQUEST FOR
ACTION

v.
For the Northern District of California

United States District Court

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DEFENSE LANGUAGE INSTITUTE
FOREIGN LANGUAGE CENTER, ET AL.,

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[RE: Docket Item No. 19]

Defendant(s).
/

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Presently before the Court is Plaintiff’s Request for Action. (Docket Item No. 19.) Plaintiff

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requests 1) that the Court remove or amend the Reassignment Order dated April 25, 2011, and 2)

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that default and default judgment be entered against Defendant. (Id. at 4.)

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The Court’s April 25, 2011 Order Reassigning this case from the Honorable James Ware to

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the Honorable Edward J. Davila remains undisturbed. This matter shall remain venued in the

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current department for all future purposes. Accordingly, Plaintiff’s request is DENIED.

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The Court finds no legal basis to grant the request for default and refers Plaintiff to the

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Court’s previous Order dated April 20, 2011 (hereinafter, “Previous Order,” Docket Item No. 14) in

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which the Court extended the deadline for service for ninety (90) days. Upon review of the docket,

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it appears that Defendant has not yet been served by the U.S. Marshal. As explained in the Previous

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Order, the Court can not take any action against a defendant who has not been properly served under

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///

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///

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Federal Rule of Civil Procedure 4. Accordingly, Plaintiff’s request for default and default judgment

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is DENIED.

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IT IS SO ORDERED.

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For the Northern District of California

United States District Court

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Dated: May 6, 2011
EDWARD J. DAVILA
United States District Judge