Knickerbocker v. United States Department of Interior, Death Valley National Park, National Park Service

Filing 5

ORDER to PLAINTIFF to SHOW CAUSE Why the Matter Should Not Be Dismissed for Failure to Prosecute this Action and to Comply with Court Orders, signed by Magistrate Judge Jennifer L. Thurston on 2/15/2017. Show Cause Response due by 3/10/2017. Initial Scheduling Conference CONTINUED to 4/24/2017 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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ISSAM ELIE KNICKERBOCKER,
Plaintiff,

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v.

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UNITED STATES OF AMERICA, et al.,

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Defendants.

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Case No.: 1:16-cv-01811 DAD JLT
ORDER TO PLAINTIFF TO SHOW CAUSE WHY
THE MATTER SHOULD NOT BE DISMISSED
FOR FAILURE TO PROSECUTION THIS
ACTION AND TO COMPLY WITH COURT
ORDERS

On December 1, 2016, Plaintiff filed the instant action. (Doc. 1) On December 5, 2016, the

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Court issued the summonses (Doc. 3) and its order setting the mandatory scheduling conference to

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occur on March 6, 2017. (Doc. 4) In its order setting the mandatory scheduling conference, the Court

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advised counsel:

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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. 3 at 1-2, emphasis added) Nevertheless, Plaintiff has not filed proofs of service of the summons

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and complaint and no defendant has appeared in the action. Moreover, Fed. R. Civ. P. 4(m) requires

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the plaintiff to serve all defendants within 90 days upon pain of dismissal sua sponte. Therefore, the
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Court ORDERS,

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No later than March 10, 2017, the plaintiff SHALL show cause in writing why this

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matter should not be dismissed for his failure to prosecute this action, to comply with the Court’s

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orders and to comply with Fed. R. Civ. P. 4(m);

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3.

2017 at 8:30 a.m. the United States Courthouse at 510 19th Street, Bakersfield, CA.

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The scheduling conference, currently set on March 6, 2017, is continued to April 24,

Failure to comply may result in the imposition of sanctions, including the dismissal of the
action.

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IT IS SO ORDERED.
Dated:

February 15, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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