Pacific West Controls, Inc. v. Marshall/Dubas Construction, Inc. et al

Filing 8

ORDER to SHOW CAUSE signed by Magistrate Judge Dennis L. Beck on 10/31/2011. Show Cause Response due by 11/23/2011.(Lundstrom, T)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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PACIFIC WEST CONTROLS, INC.,

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Plaintiff,
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vs.
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MARSHALL/DUBAS
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CONSTRUCTION, INC., et al.,
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Defendants.
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____________________________________)

1:11cv0549 — DLB

ORDER TO SHOW CAUSE

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On April 1, 2011, Plaintiff filed the present action. The Court issued summonses on April 4,
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2011, along with an Order Setting a Mandatory Scheduling Conference that explained the
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requirements for service. To date, there is no indication that Defendants have been served.1

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Rule 4(m) of the Federal Rules of Civil Procedure requires service of a complaint to be made
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within 120 days from the date of filing. As the complaint was filed on April 1, 2011, the 120 day
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time period has expired.
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Therefore, Plaintiff is ORDERED to show cause, if any it has, why it has failed to serve the
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complaint within 120 pursuant to Rule 4(m). Plaintiff is ORDERED to file a written response to this
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A Scheduling Conference was set for September 29, 2011, but due to the retirement of the assigned District Court
Judge, the conference date was vacated. A Scheduling Conference will be reset, if necessary, after the service issues are
addressed.

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Order to Show Cause within twenty (20) days of receipt of this Order. Failure to comply with this

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Order will result in a recommendation that this action be dismissed.

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IT IS SO ORDERED.
Dated:
3b142a

October 31, 2011

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

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