Morales v. City of Bakersfield, et al.

Filing 14

ORDER to PLAINTIFF to SHOW CAUSE Why the Matter Should Not Be Dismissed; ORDER COTINUING SCHEDULING CONFERENCE, signed by Magistrate Judge Jennifer L. Thurston on 4/28/2016. Show Cause Response due within 14 days. Initial Scheduling Conference CONTINUED TO 6/23/2016 at 10:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ARTURO MORALES,

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Plaintiff,

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v.
CITY OF BAKERSFIELD, et al.,
Defendants.

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Case No.: 1:15-cv-01652 --- JLT
ORDER TO PLAINTIFF TO SHOW CAUSE WHY
THE MATTER SHOULD NOT BE DISMISSED
ORDER CONTINUING SCHEDULING
CONFERENCE

The Court issued the summonses in this case on February 1, 2016. (Docs. 11) On the same day,

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the Court issued the order setting the mandatory scheduling conference. (Doc. 12) Despite this,

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Plaintiff has not filed proof of service on any defendant and no defendant has appeared. The Court has

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reminded Plaintiff of the obligation to serve the summons and complaint in a timely fashion. In its

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order setting the mandatory scheduling conference, the Court advised:

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The Court is unable to conduct a scheduling conference until defendants have been
served with the summons and complaint. Accordingly, plaintiff(s) shall diligently
pursue service of summons and complaint and dismiss those defendants against whom
plaintiff(s) will not pursue claims. Plaintiff(s) shall promptly file proofs of service of
the summons and complaint so the Court has a record of service. Counsel are referred
to F.R.Civ.P., Rule 4 regarding the requirement of timely service of the complaint.
Failure to timely serve summons and complaint may result in the imposition of
sanctions, including the dismissal of unserved defendants.

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(Doc. 12 at 1-2, emphasis added) Notably, Fed. R. Civ. P. 4(m) reads,
If a defendant is not served within 90 days after the complaint is filed, the court -- on
motion or on its own after notice to the plaintiff -- must dismiss the action without
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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.
Therefore, the Court ORDERS,
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Within 14 days, Plaintiff SHALL show cause in writing why this matter should not be

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dismissed for failure to comply with Rule 4 and the orders of this Court and for his failure to prosecute

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this action;

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2.

The scheduling conference, currently set on May 5, 2016, is continued to June 23,

2016 at 10:30 a.m. at the United States Courthouse at 510 19th Street, Bakersfield, CA.
Failure to comply with this order may result in the imposition of sanctions, including the
dismissal of the action.

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IT IS SO ORDERED.
Dated:

April 28, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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