Carefoot et al v. County of Kern et al

Filing 15

ORDER DISCHARGING 10 Order to Show Cause, signed by Magistrate Judge Jennifer L. Thurston on 6/29/2017. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PRISCILLA CAREFOOT, et al.,

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Plaintiffs,

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v.
COUNTY OF KERN, et al.,

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Defendants.

) Case No.: 1:17-cv-00456 AWI JLT
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) ORDER DISCHARGING ORDER TO SHOW
) CAUSE
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On June 19, 2017, the Court ordered the plaintiffs to show cause why sanctions should not be

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imposed for her failure to serve the defendants with the summonses and complaint. (Doc. 10) The

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Court allowed that in lieu of responding to the OSC, the plaintiff could file proof of service of the

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action. Id. The plaintiff has now filed proofs of service.1 (Docs. 11-14) Therefore, the Court

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DISCHARGES the order to show cause.

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IT IS SO ORDERED.

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Dated:

June 29, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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Except for the service on the County of Kern, service on the individuals appears improper. Not only does the service
appear to fail with California law related to substitute service but the form itself is incomplete. Moreover, of course, in this
action in which the plaintiff seeks to invoke this Court’s original jurisdiction, service must occur according to the
provisions of Fed. R. Civ. P. 4. However, because it is possible the defendants will waiver proper service, the Court will
not take any action at this time. In taking no action, the Court does not suggest that plaintiff has complied with
Fed.R.Civ.P.4(m); indeed, the remedies set forth in that section are still very much in play.