Opinion
No. C 11-02835 CW
10-05-2011
NEW SENSATIONS, INC., Plaintiff, v. DOES 2-1768, Defendants.
ORDER DISMISSING CASE FOR FAILURE TO SERVE TIMELY
On December 23, 2010, Plaintiff New Sensations, Inc. filed a lawsuit for copyright infringement against 1,768 Doe Defendants. See New Sensations, Inc. v. Does 1-1768, Case No. C 10-5864 PSG (N.D. Cal.). On May 31, 2011, the magistrate judge to whom Plaintiff's original complaint was assigned severed Does 2 through I, 768 from the original action. On that same day, the claims against Does 2 through 1,768 were reassigned to the undersigned and the complaint was re-filed under this case number. On August II, 2011, the Court severed and dismissed without prejudice the claims against Does 3 through 1,768 based on misjoinder.
On September 16, 2011, the Court warned Plaintiff that failure to submit proof of service on Doe 2 by September 28, 2011 would result in dismissal of its action for failure to serve timely.
Plaintiff has not filed a proof of service. Thus, the Court dismisses Plaintiff's action for failure to serve timely.
IT IS SO ORDERED.
CLAUDIA WILKEN
United States District Judge