Feathers v. Bank of America , N.A. et al

Filing 25

ORDER RE: CERTIFICATE OF SERVICE. Plaintiff must, on or before 12:00 p.m. on 1/22/2016, file a new document or documents that are consistent with Rule 5-5. Failure to do so may result in the dissolution of the TRO and a summary denial of a preliminary injunction. Signed by Judge Edward J. Davila on 1/21/2016. (ejdlc1S, COURT STAFF) (Filed on 1/21/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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MARK FEATHERS,

Case No. 5:16-cv-00086-EJD

Plaintiff,
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ORDER RE: CERTIFICATE OF
SERVICE

v.
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BANK OF AMERICA, N.A., et al.,

United States District Court
Northern District of California

Defendants.
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Civil Local Rule 5-5 describes the way in which service of pleadings can be proven. It
provides:
Whenever any pleading or other paper presented for filing is
required (or permitted by any rule or other provision of law) to be
served upon any party or person, unless it is served by ECF, it must
bear or have attached to it:
(1) An acknowledgment of service by the person served; or
(2) Certificate of service stating the date, place and manner of
service and the names street address or electronic address of the
persons served, certified by the person who made service, pursuant
to 28 U.S.C. §1746.

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Civ. L.R. 5-5(a).

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The Certificate of Service filed by Plaintiff Mark Feathers (“Plaintiff”) on January 20,

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2016 (Docket Item No. 24), does not comply with Rule 5-5. While it suggests that documents

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were delivered to all three defendants by Capital Process Servers and John Jacobson, it is signed

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by Plaintiff himself rather than “by the person who made service.” In addition, the document does

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not disclose the date upon which the defendants were served, where they were served, how they

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were served, or who accepted service on their behalf.

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Case No.: 5:16-cv-00086-EJD
ORDER RE: CERTIFICATE OF SERVICE

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Accordingly, the Certificate of Service is ineffective to prove service on any defendant.

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Plaintiff must, on or before 12:00 p.m. on January 22, 2016, file a new document or documents

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that are consistent with Rule 5-5. Failure to do so may result in the dissolution of the TRO and a

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summary denial of a preliminary injunction.

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IT IS SO ORDERED.
Dated: January 21, 2016
______________________________________
EDWARD J. DAVILA
United States District Judge

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United States District Court
Northern District of California

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Case No.: 5:16-cv-00086-EJD
ORDER RE: CERTIFICATE OF SERVICE