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Fonua v. City of San Mateo

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


April 7, 2010

KALAKE FONUA AND KENNETH ASHTON FONUA, PLAINTIFF(S),
v.
CITY OF SAN MATEO, ET AL., DEFENDANT(S).

The opinion of the court was delivered by: Maria-Elena James Chief United States Magistrate Judge

ORDER FOR PLAINTIFFS TO COMPLETE SERVICE OF PROCESS

On March 15, 2010, the Court vacated the April 1, 2010 Case Management Conference and Kalake Fonua. Accordingly, there is no indication that the defendants have been properly served.

Thus, the Court hereby ORDERS Plaintiffs to serve the defendants in accordance with Federal Rule of Civil Procedure 4 and Civil Local Rule 4. Plaintiffs shall complete service of process and file proofs of service by April 29, 2010. The Court encourages Plaintiffs to review the Pro Se Handbook, which provides useful information regarding service of process. The handbook may be obtained at the Clerk's Office or from the Court's website at www.cand.uscourts.gov.

IT IS SO ORDERED.

Plaintiffs Kalake Fonua and Kenneth As hton Fonua to file a status report by April 5, 2010, addressing what steps they have taken since filing their complaint to ensure that all named defendants have been served, and whether they intend to proceed with the prosecution of their case. 15 The Court is now in receipt of the plaintiffs' statement, filed April 5, 2010. (Dkt. #4.) Based on Plaintiffs' statement, it is not clear that the defendants have been properly served. Specifically, 17 under Federal Rule of Civil Procedure 4(c)(2), a person who is not a party must serve the summons and complaint. The proofs of service attached to Plaintiffs' statement are all signed by Plaintiff

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. 11 That on April 7, 2010, I SERVED a true and correct copy(ies) of the attached, by placing said 12 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 13 located in the Clerk's office.

Kenneth Ashton Fonua 2555 Illinois Street East Palo Alto, CA 94303 Dated: April 7, 2010 U Richard W. Wieking, Clerk By: Brenda Tolbert, Deputy Clerk

20100407

© 1992-2010 VersusLaw Inc.



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