Cotti et al v. California Department of Human Services Director et al

Filing 152

ORDER DISMISSING CERTAIN DEFENDANTS; AND CLARIFYING WHICH DEFENDANTS REMAIN IN THIS ACTION. Signed by Judge Beth Labson Freeman on 11/12/2019. (blflc1S, COURT STAFF) (Filed on 11/12/2019)

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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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ALICE COTTI, et al.,
Plaintiffs,

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v.

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CITY OF SAN JOSE, et al.,

ORDER DISMISSING CERTAIN
DEFENDANTS; AND CLARIFYING
WHICH DEFENDANTS REMAIN IN
THIS ACTION

Defendants.

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United States District Court
Northern District of California

Case No. 18-cv-02980-BLF

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On September 4, 2019, the Court issued an order (“September 4 Order”) which:

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(1)

Clarified that the following Defendants have been dismissed from the case:

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Rebekah Children’s Services, City of San Jose, San Jose Police Department, Judge

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Patrick E. Tondreau, Amy Choi, Nikolas Arnold, County of Santa Clara, Officer

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Gaona, Officer Avila, Sergeant Vu Tran, Family Legal Advocates, Dependency

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Advocacy Center, Wesley Schroeder, John Faulconer, and Legal Advocates for

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Youth and Children;

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(2)

Denied Plaintiffs’ motion to set aside dismissal of the above Defendants and

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motion for leave to file an amended pleading adding some of them back into the

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case; and

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(3)

Ordered Plaintiffs to show cause, in writing and on or before September 18, 2019,

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why the Court should not dismiss the following Defendants for failure to effect

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service of process: Francesca LeRue, Pa Chang, Phu Nguyen, Jeff Johnson, Sarah

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Gerhart, Department of Social Services, Santa Clara County Department of Family

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and Child Services, Social Security Agency of Santa Clara County, and Amy Guy.

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See September 4 Order, ECF 136.

The Court granted two extensions of the Order to Show Cause response deadline requested

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by Plaintiffs’ counsel, an initial extension to September 23, 2019 and then a second extension to

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October 7, 2019. See Ex Parte Applics., ECF 148, 150; Orders, ECF 149, 151. The requested

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deadline of October 7, 2019 elapsed more than a month ago, and Plaintiffs have neither responded

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to the Order to Show Cause nor requested more time for response.
Plaintiffs have filed proofs of service of process with respect to Defendants Francesca

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LeRue, Pa Chang, Phu Nguyen, and Jeff Johnson.1 As to these four Defendants, the Court

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DISCHARGES the Order to Show Cause. The Court makes no determination whether the proofs

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of service are adequate with respect to these four Defendants.
Plaintiffs have not filed proofs of service of process with respect to Defendants Sarah

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United States District Court
Northern District of California

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Gerhart, Department of Social Services, Santa Clara County Department of Family and Child

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Services, Social Security Agency of Santa Clara County, or Amy Guy. Accordingly, these

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Defendants are DISMISSED WITHOUT PREJUDICE for failure to effect service of process as

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required under Federal Rule of Civil Procedure 4(m).
In light of the foregoing, the court CLARIFIES that Defendants Francesca LeRue, Pa

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Chang, Phu Nguyen, and Jeff Johnson are the ONLY Defendants remaining in this action. The

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Clerk SHALL amend the docket to reflect that all other Defendants have been terminated.
IT IS SO ORDERED.

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Dated: November 12, 2019
______________________________________
BETH LABSON FREEMAN
United States District Judge

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Plaintiffs also filed a proof of service of process on an individual named Barry Grigsby, who is
not named in the operative third amended complaint.
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