United States of America v. Watson
Filing
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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 the Action; ORDER Continuing Scheduling Conference, signed by Magistrate Judge Jennifer L. Thurston on 1/23/2018. Show Cause Response due by 2/2/2018. Initial Scheduling Conference CONTINUED to 3/16/2018 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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UNITED STATES OF AMERICA,
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Plaintiff,
v.
MICHELLE WATSON,
Defendant.
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Case No.: 1:17-cv-01502 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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The plaintiff filed this action on November 8, 2017. (Doc. 1) The same day, the Court issued
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the summons (Doc. 3) and its order setting the mandatory scheduling conference to occur on February
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1, 2018. (Doc. 4) In its order setting the mandatory scheduling conference, the Court 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. 4 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
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 February 2, 2018, 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 summons and complaint, the scheduling
conference, currently set on February 1, 2018 is CONTINUED to March 16, 2018 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:
January 23, 2018
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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