Brinker v. JP Morgan Chase N.A. et al

Filing 35

Order by Hon. Lucy H. Koh DENYing 34 Ex Parte Application.(lhklc1, COURT STAFF) (Filed on 7/26/2013) Modified on 7/26/2013 (lhklc1, COURT STAFF). [*** previously, this ECF entry mistakenly stated that the Ex Parte Application was granted. The ECF entry has been corrected ***]

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UNITED STATES DISTRICT COURT

United States District Court
For the Northern District of California

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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ALAN BRINKER,
Plaintiff,

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v.
JP MORGAN CHASE, N.A., et al.,
Defendants.

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Case No.: 13-CV-01805-LHK
ORDER REGARDING SERVICE OF
EXPERIAN INFORMATION
SOLUTIONS, INC., TRANS UNION,
LLC, AND EQUIFAX INFORMATION
SERVICES LLC

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Plaintiff has submitted an ex parte request that the Court issue an order clarifying whether

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Plaintiff or the U.S. Marshal’s Office is responsible for serving Defendants Experian Information

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Solutions, Inc., Trans Union, LLC, and Equifax Information Services, LLC. ECF No. 34. Plaintiff

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states that Plaintiff’s Application to Proceed In Forma Pauperis was approved by Judge Grewal on

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May 6, 2013. ECF No.4. Plaintiff contends that, pursuant to this Order, the U.S. Marshal is

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required to assume responsibility for serving Defendants Experian Information Solutions, Inc.,

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Trans Union, LLC, and Equifax Information Services, LLC. ECF No. 34. The Court disagrees.

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Significantly, Plaintiff has represented that Plaintiff has sufficient funds to deposit more

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than $20,000 with Plaintiff’s counsel. ECF 7-1 (Declaration of Anita Steeburg) at 5. In light of

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Case No.: 13-CV-01805-LHK
ORDER REGARDING SERVICE OF EXPERIAN INFORMATION SOLUTIONS, INC., TRANS UNION, LLC,
AND EQUIFAX INFORMATION SERVICES LLC

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this representation, the Court revokes Plaintiff’s In Forma Pauperis status. This revocation is not

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retroactive. However, going forward, Plaintiff shall be responsible for paying Court costs and for

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serving Defendants Experian Information Solutions, Inc., Trans Union, LLC, and Equifax

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Information Services LLC.

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IT IS SO ORDERED.
Dated: July 26, 2013

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________________________________
LUCY H. KOH
United States District Judge

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United States District Court
For the Northern District of California

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Case No.: 13-CV-01805-LHK
ORDER REGARDING SERVICE OF EXPERIAN INFORMATION SOLUTIONS, INC., TRANS UNION, LLC,
AND EQUIFAX INFORMATION SERVICES LLC