Huson v. County of San Bernardino et al
Filing
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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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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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KENNY HUSON,
Plaintiff,
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v.
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COUNTY OF SAN BERNARDINO, et al.,
Defendants.
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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
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issued the summonses (Doc. 5) and its order setting the mandatory scheduling conference to occur on
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October 17, 2016.1 (Doc. 6) In its order setting the mandatory scheduling conference, the Court
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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.
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(Doc. 6 at 1-2, emphasis added) Though Fed.R.Civ.P. 4(m) permits only 90 days to service process,
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There was a delay in issuing the summonses due to the plaintiff’s failure to pay the filing fee.
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Plaintiff has not filed a proof of service of the summons and complaint as to any defendant.
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Therefore, the Court ORDERS,
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No later than October 25, 2016, the plaintiff SHALL show cause why sanctions
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should not be imposed—up to and including dismissal of the action—for his failure to comply with the
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Court’s orders to diligently serve the summons and complaint and file proofs of service and his failure
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to prosecute this action. Alternatively, within the same time period, the plaintiff may file proof of
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service of the action on the defendants;
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2.
The mandatory scheduling conference is CONTINUED to December 16, 2016 at 9:30
a.m.
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IT IS SO ORDERED.
Dated:
October 12, 2016
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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