Iglesia Ni Cristo v. Cayabyab et al

Filing 158

ORDER DISMISSING DEFENDANT ISAIAS T. SAMSON, JR. WITHOUT PREJUDICE FOR FAILURE TO EFFECT SERVICE OF PROCESS; AND DIRECTING PLAINTIFF TO FILE ANY MOTION FOR CLERK'S ENTRY OF DEFAULT AS TO DEFENDANT JERIEL NEMIS ON OR BEFORE OCTOBER 2, 2020. S igned by Judge Beth Labson Freeman on 9/18/2020. (blflc1S, COURT STAFF) (Filed on 9/18/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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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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IGLESIA NI CRISTO,

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Plaintiff,
v.

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United States District Court
Northern District of California

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LUISITO E CAYABYAB, et al.,
Defendants.

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Case No. 18-cv-00561-BLF
ORDER DISMISSING DEFENDANT
ISAIAS T. SAMSON, JR. WITHOUT
PREJUDICE FOR FAILURE TO
EFFECT SERVICE OF PROCESS; AND
DIRECTING PLAINTIFF TO FILE
ANY MOTION FOR CLERK’S ENTRY
OF DEFAULT AS TO DEFENDANT
JERIEL NEMIS ON OR BEFORE
OCTOBER 2, 2020

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In its Order Granting in Part and Denying in Part Defendants’ Motion for Summary

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Judgment (“MSJ Order”), the Court observed that three defendants had not yet appeared: Bernard

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Garcia (“Garcia”), Isaias T. Samson, Jr. (“Samson”), and Jeriel Nemis (“Nemis”). See MSJ Order

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at 2, ECF 135. The Court observed that Garcia had been served after the summary judgment

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hearing, but that the docket did not reflect service of process on Samson or Nemis. See id. The

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Court granted Plaintiff Iglesia Ni Cristo (“INC”) thirty days to file proof of service of process on

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Samson and Nemis, and advised that failure to do so would result in dismissal of Samson and

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Nemis. See id.

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INC did not file proof of service of process on Samson within the thirty-day deadline, and

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still has not done so. Accordingly, Samson is DISMISSED WITHOUT PREJUDICE for failure to

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effect service of process as required by Federal Rule of Civil Procedure 4(m) and this Court’s MSJ

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Order.

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INC filed proof of service of process on Nemis, showing that Nemis was served on April

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1, 2020. See Proof of Service, ECF 136. Nemis has not responded. INC SHALL file any motion

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for Clerk’s entry of default as to Nemis on or before October 2, 2020.

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IT IS SO ORDERED.

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Dated: September 18, 2020
______________________________________
BETH LABSON FREEMAN
United States District Judge

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United States District Court
Northern District of California

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