Adobe Systems Incorporated v. Smith

Filing 29

ORDER VACATING CASE MANAGEMENT CONFERENCE. The court finds that a scheduling conference is unnecessary at this time. Accordingly, the Case Management Conference scheduled for August 29, 2014, is VACATED and Plaintiff shall comply with the followi ng orders: 1. In light of the letters sent to the court by Duy Nguyen (see Docket Item Nos. 22, 23), Plaintiff's anticipated Motion for Entry of Default Judgment must explain, in detail, how Plaintiff came to know that the individual served is r esponsible for the conduct alleged in the Complaint. This explanation should include reference to any discovery which supports the involvement of the particular individual living at the particular address identified. 2. Pursuant to Federal Rule of Ci vil Procedure 4(m), the deadline for completion of service of process on Defendant Daniel Smith is September 2, 2014. Accordingly, on or before that date, Plaintiff shall either (1) serve Smith with the Summons and Complaint, (2) dismiss Smith from t his action pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), or (3) file an administrative motion which demonstrates good cause for an extension of the service deadline. Plaintiff is notified that the court will dismiss Smith without prejudice if Plaintiff does not comply with this order or fails to show good cause as directed. Signed by Judge Edward J. Davila on 8/26/2014. (ecg, COURT STAFF) (Filed on 8/26/2014)

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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
CASE NO. 5:14-cv-00389 EJD

ADOBE SYSTEMS, INC.,

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ORDER VACATING CASE
MANAGEMENT CONFERENCE

Plaintiff(s),
For the Northern District of California

United States District Court

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v.
DANIEL SMITH, et. al.,

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Defendant(s).
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Having reviewed Plaintiff’s report filed on August 22, 2014 (Docket Item No. 28), the court

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finds that a scheduling conference is unnecessary at this time. Accordingly, the Case Management

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Conference scheduled for August 29, 2014, is VACATED and Plaintiff shall comply with the

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following orders:

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1.

In light of the letters sent to the court by Duy Nguyen (see Docket Item Nos. 22, 23),

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Plaintiff’s anticipated Motion for Entry of Default Judgment must explain, in detail,

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how Plaintiff came to know that the individual served is responsible for the conduct

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alleged in the Complaint. This explanation should include reference to any discovery

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which supports the involvement of the particular individual living at the particular

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address identified.

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2.

Pursuant to Federal Rule of Civil Procedure 4(m), the deadline for completion of

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service of process on Defendant Daniel Smith is September 2, 2014. Accordingly,

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on or before that date, Plaintiff shall either (1) serve Smith with the Summons and
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CASE NO. 5:14-cv-00389 EJD
ORDER VACATING CASE MANAGEMENT CONFERENCE

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Complaint, (2) dismiss Smith from this action pursuant to Federal Rule of Civil

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Procedure 41(a)(1)(A)(i), or (3) file an administrative motion which demonstrates

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good cause for an extension of the service deadline. Plaintiff is notified that the court

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will dismiss Smith without prejudice if Plaintiff does not comply with this order or

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fails to show good cause as directed.

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IT IS SO ORDERED.

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Dated: August 26, 2014
EDWARD J. DAVILA
United States District Judge

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For the Northern District of California

United States District Court

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CASE NO. 5:14-cv-00389 EJD
ORDER VACATING CASE MANAGEMENT CONFERENCE

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

ADOBE SYSTEMS INC,

Case Number: CV14-00389 EJD

Plaintiff,

CERTIFICATE OF SERVICE

v.
DANIEL SMITH ET AL,
Defendant.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on August 26, 2014, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

Duy Nguyen
3701 Jackson Shoals Dr
Lawrenceville, GA 30044
Dated: August 26, 2014
Richard W. Wieking, Clerk
/s/ By: Elizabeth Garcia, Deputy Clerk