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Af Holdings LLC v. Fernando Shu Yeh

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


October 10, 2012

AF HOLDINGS LLC, PLAINTIFF,
v.
FERNANDO SHU YEH, DEFENDANT.

In its status report, plaintiff AF Holdings LLC indicates that the defendant in the above-cited case has not been served. Federal Rule of Civil Procedure 4(m) provides:

If a defendant is not served within 120 days after the complaint is filed, the court--on motion or on its own after notice to the plaintiff--must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period.

No later than October 26, 2012, plaintiff must therefore serve defendant or show good cause for his failure to serve defendant, or the action will be dismissed.

The Status (Pretrial Scheduling) Conference set for October 15, 2012, in this matter is hereby continued to December 10, 2012, at 2:00 p.m. Assuming plaintiff serves defendant, the parties shall submit a joint status report no later than November 26, 2012.

IT IS SO ORDERED.

20121010

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