Huson v. County of San Bernardino et al

Filing 7

ORDER to PLAINTIFF to SHOW CAUSE Why Sanctions Should Not Be Imposed for Failing to Comply with the Court Orders and to Prosecute this Action, signed by Magistrate Judge Jennifer L. Thurston on 10/12/2016. Show Cause Response due by 10/25/2016. Initial Scheduling Conference CONTINUED to 12/16/2016 at 09:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KENNY HUSON, Plaintiff, 12 v. 13 14 COUNTY OF SAN BERNARDINO, et al., Defendants. 15 16 17 ) ) ) ) ) ) ) ) ) ) Case No.: 1:16-cv-01031 LJO JLT ORDER TO PLANTIFF TO SHOW CAUSE WHY SANCTIONS SHOUD NOT BE IMPOSEDFOR FAILING TO COMPY WITH COURT ORDERS AND TO PROSECUTE THIS ACTION On July 13, 2016, the plaintiff initiated this action. (Doc. 1) On July 18, 2016, the Court 18 issued the summonses (Doc. 5) and its order setting the mandatory scheduling conference to occur on 19 October 17, 2016.1 (Doc. 6) In its order setting the mandatory scheduling conference, the Court 20 advised counsel: 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. 21 22 23 24 25 26 (Doc. 6 at 1-2, emphasis added) Though Fed.R.Civ.P. 4(m) permits only 90 days to service process, 27 28 1 There was a delay in issuing the summonses due to the plaintiff’s failure to pay the filing fee. 1 1 Plaintiff has not filed a proof of service of the summons and complaint as to any defendant. 2 Therefore, the Court ORDERS, 3 1. No later than October 25, 2016, the plaintiff SHALL show cause why sanctions 4 should not be imposed—up to and including dismissal of the action—for his failure to comply with the 5 Court’s orders to diligently serve the summons and complaint and file proofs of service and his failure 6 to prosecute this action. Alternatively, within the same time period, the plaintiff may file proof of 7 service of the action on the defendants; 8 9 2. The mandatory scheduling conference is CONTINUED to December 16, 2016 at 9:30 a.m. 10 11 12 13 IT IS SO ORDERED. Dated: October 12, 2016 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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