Rutherford

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JAMES RUTHERFORD, Case No.: 19cv379-LAB (WVG)

Plaintiff,

ORDER OF DISMISSAL

v. LOS CHARROS, et al., Defendants. 16 Plaintiff James Rutherford filed this action February 26, 2019. He afterwards dismissed all claims against Defendant Los Charros restaurant, leaving East Valley Parkway Mall, LLC as the sole Defendant. He filed an amended complaint on April 23 including claims against the Mall only. On August 9, he sought entry of default against the Mall. That same day, the Court issued an order directing the Clerk not to enter default, and pointing out that Rutherford had not served the Mall. Instead, he served the restaurant a total of three times (twice with summonses and complaints intended for the Mall). The order pointed out that the restaurant’s owner or owners would not likely have forwarded the duplicate summons to the Mall, and that the Mall likely had no idea it was being sued. The Court ordered him…