Mighaccio v. Hatfield Portfolio Group, LLC et al

Filing 7

ORDER to PLAINTIFF to SHOW CAUSE Why Sanctions Should Not Be Imposed for the Failure to Comply with the Court's Orders and to Prosecute This Action; ORDER Continuing Scheduling Conference, signed by Magistrate Judge Jennifer L. Thurston on 8/2/2017. Show Cause Response due by 8/11/2017. Initial Scheduling Conference CONTINUED to 9/29/2017 at 08:30 AM in Bakersfield, 510 19th Street 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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DAWN MIGHACCIO,

)
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Plaintiffs,
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v.
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HTFILED PORTFOLIO GROUP, LLC, et al., )
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Defendants.
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Case No.: 1:17-cv-00687 LJO JLT
ORDER TO PLAINTIFF TO SHOW CAUSE WHY
SANCTIONS SHOULD NOT BE IMPOSED FOR
THE FAILURE TO COMPLY WITH THE
COURT’S ORDERS AND TO PROSECUTE THIS
ACTION; ORDER CONTINUING SCHEDULING
CONFERENCE

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Dawn Mighaccio filed this action on May 18, 2017. (Doc. 1) The next day, the Court issued

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the summonses (Doc. 2) and its order setting the mandatory scheduling conference to occur on August

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16, 2017. (Doc. 3) In its order setting the mandatory scheduling conference, the Court advised

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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) In addition, Federal Rules of Civil Procedure 4(m) provides,

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If a defendant is not served within 90 days after the complaint is filed, the court--on
motion or on its own after notice to the plaintiff--must dismiss the action without
prejudice against that defendant or order that service be made within a specified time.
But if the plaintiff shows good cause for the failure, the court must extend the time for

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service for an appropriate period. This subdivision (m) does not apply to service in a
foreign country under Rule 4(f), 4(h)(2), or 4(j)(1).

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Nevertheless, Plaintiff has not filed a proof of service of the summons and complaint as to any

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defendant. Therefore, the Court ORDERS,

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1.

No later than August 11, 2017, the plaintiff SHALL show cause why sanctions

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should not be imposed for the failure to serve and file proofs of service on the defendants.

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Alternatively, the plaintiff may file proofs of service;

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2.

Due the failure of the plaintiff to serve the summonses and complaint, the scheduling

conference, currently set on August 165, 2017 is CONTINUED to September 29, 2017 at 8:30 a.m.
Plaintiff is reminded of the service obligations under Fed. R. Civ. P. 4. Failure to comply
may result in the imposition of sanctions, including the dismissal of unserved defendants.

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IT IS SO ORDERED.
Dated:

August 2, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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