J & J Sports Productions, Inc. v. Jackson

Filing 15

ORDER to SHOW CAUSE Why the Matter Should Not Be Dismissed for Failure to Comply with Fed.R.Civ.P. 4 and this Court's Order, signed by Magistrate Judge Jennifer L. Thurston on 12/14/2016. Show Cause Response due within 14 days. Initial Scheduling Conference CONTINUED to 2/3/2017 at 08:30 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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J&J SPORTS PRODUCTIONS, INC.,

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Plaintiff,

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v.
FREDDIE JACKSON,
Defendant.

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Case No.: 1:16-cv-00519 LJO JLT
ORDER TO SHOW CAUSE WHY THE MATTER
SHOULD NOT BE DISMISSED FOR FAILURE
TO COMPLY WITH FED. R. CIV. P. 4 AND THIS
COURT’S ORDER

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On June 29, 2016, the Court granted the plaintiff’s request (Doc. 6) to extend the time for

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service of the summons and complaint. (Doc. 7) Notably, the plaintiff asserted that during the

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extended period, the plaintiff would effect personal service, seek service by publication or dismiss the

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action. (Doc. 6 at 1) Nevertheless, the plaintiff sought a second extension on August 24, 2016 after it

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had been unable to serve the defendant despite four attempts to do so. (Doc. 11) As in the earlier

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request, the plaintiff indicated that within the 45-day extension period, it would make service, file a

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motion for service by publication or dismiss the action. Id. at 2. The Court granted this second

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extension. (Doc. 12) Nevertheless, the plaintiff did not file proof of service, move the Court for

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service by publication or dismiss the action. Therefore, the Court ORDERS:

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1.

Within 14 days, the plaintiff SHALL show cause in writing why this matter should not

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be dismissed due to the failure to comply with Rule 4(m) and the orders of the Court. Alternatively,

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the plaintiff may file its notice of voluntary dismissal;
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The mandatory scheduling conference is, once again, continued to February 3, 2017 at

8:30 a.m.

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IT IS SO ORDERED.
Dated:

December 14, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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