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Latham Orthopedics Medical Group v. United States of America-Corp.


June 30, 2010


The opinion of the court was delivered by: Margaret A. Nagle United States Magistrate Judge



Pursuant to General Order No. 05-07, this case has been referred to United States Magistrate Judge Margaret A. Nagle for pre-trial proceedings. All future pleadings and correspondence shall be addressed to Earlene Carson, Clerk to Magistrate Judge Nagle, U.S. Courthouse, 312 N. Spring St., Los Angeles, CA 90012.

A. Service of Summons and Complaint

Plaintiffs must serve the summons and complaint on all named defendants in this action within 120 days of the filing date of the Complaint, which was June 25, 2010. Plaintiffs are required to file with the Court a proof of service for each defendant served, within 15 days of the completion of service of process for each such defendant. If service is not completed within 120 days of the Complaint's filing date, the Court may dismiss the action in whole or against unserved defendants. Rule 4(m), Federal Rules of Civil Procedure. Service of the summons and complaint must comply with the provisions of Rule 4, Federal Rules of Civil Procedure.

B. Pleadings and Documents Submitted to Court

In preparing and submitting all pleadings and correspondence, plaintiff must comply with the following requirements:

1. All documents concerning this case are to be submitted for filing either by direct filing at the filing window or by mail, addressed to the Clerk at the address indicated above. Pursuant to Local Rule 83-2.11 of the Local Rules of this Court, the parties and their attorneys are to refrain from communicating with the Judge by letter or telephone call. All inquiries, requests or other matters to be called to the Judge's attention regarding this case must be submitted for filing as motions, application or other appropriate pleadings.

2. At the top of page 1 (or the cover sheet, if any), plaintiff shall provide his precise name and mailing address, as well as telephone number and facsimile number, if any. The address provided will be presumed correct and will be used to communicate with plaintiff. During the pendency of the action, plaintiff must notify the Court immediately if his address changes and must provide the Court with the new address and its effective date. Any failure by plaintiff to comply with a court order because he did not receive the order due to his failure to inform the Court of his/her current address may result in the action being dismissed for failure to prosecute. See Carey v. King, 856 F.2d 1439, 1440-1441 (9th Cir. 1988); Local Rule 41-6.

3. Plaintiff shall write/type legibly. If possible, a typewritten or word processed document is preferable to a handwritten document. Plaintiff shall type or write the original document using ink (not pencil) sufficiently dark that it can be photocopied clearly.

4. Only 1 side of each page shall be used. Each document shall have at least a 1 inch margin at the top of each page so that the document can be 2-hole punched and properly bound in the Court file.

5. Plaintiff shall submit 1 original and 1 copy (or, if plaintiff wishes to receive a conformed copy, 1 original and 2 copies) of all documents filed with the Court. The Clerk will not make photocopies of documents.

6. Once any defendant has been served with process or has entered an appearance in the case, Rule 5 of the Federal Rules of Civil Procedure requires that plaintiff must serve each defendant's attorney (or the defendant him or herself, if not represented by counsel), with a copy of every pleading or other document submitted for the Court's consideration. Each document submitted after any defendant has entered an appearance in the case or has been served with process must be accompanied by a proof of service upon each such defendant in accordance with Rule 5, Federal Rules of Civil Procedure, and Local Rule 5.8 of this Court. Strict compliance with Rule 5 and Local Rule 5-3 will be required, and any documents which fail to contain the required proof of service will be disregarded.

Any document submitted that does not comply with the foregoing may be returned to plaintiff without filing or stricken and denied consideration by the court.


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