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17-1609 - Lee v. OfferUp, Inc et al


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17-1609 - Lee v. OfferUp, Inc et al
March 15, 2018
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ORDER AND REASONS that OfferUp, Inc.'s 7 Motion to Dismiss pursuant to Rule 12(b)(5) of the Federal Rules of Civil Procedure is GRANTED, as to finding that there was improper service of process. The motion is DENIED as to finding that there was improper process under Rule 12(b)(4) of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that plaintiff has 60 days from the date of this Order and Reasons to properly serve the defendant. If the plaintiff does not do so, this matter will be dismissed without prejudice pursuant to Rule 4(m). Signed by Judge Mary Ann Vial Lemmon on 3/15/2018. (cms)