Brooke v. Capri Motel, LLC

Filing 4

ORDER to the PLAINTIFF to SHOW CAUSE Why Sanctions Should Not Be Imposed for Her Failure to Prosecute this Action and to Obey the Court's Orders, signed by Magistrate Judge Jennifer L. Thurston on 4/9/2018. Show Cause Response due by 4/16/2018. Initial Scheduling Conference CONTINUED to 5/22/2018 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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THERESA A. BROOKE,
Plaintiffs,

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Case No. 1:18-cv-00062 LJO JLT
ORDER TO THE PLAINTIFF TO SHOW
CAUSE WHY SANCTIONS SHOULD NOT
BE IMPOSED FOR HER FAILURE TO
PROSECUTE THIS ACTION AND TO
OBEY THE COURT’S ORDERS

v.
APRIL MOTEL, LLC,
Defendant.

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The plaintiff filed this action on January 12, 2018. (Doc. 1) On January 16, 2018, the

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Court issued the summonses (Doc. 2) and its order setting the mandatory scheduling conference to

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occur on April 18, 2018. (Doc. 3) In its order setting the mandatory scheduling conference, the

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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.
(Doc. 3 at 1-2, emphasis added) In addition, Federal Rules of Civil Procedure 4(m) provides,
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

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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. Therefore,

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the Court ORDERS,

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1.

No later than April 16, 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;
2.

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

conference, currently set on April 16, 2018 is CONTINUED to May 22, 2018 at 8:30 a.m.

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The plaintiffs are reminded of the service obligations under Fed. R. Civ. P. 4.

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

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action.

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IT IS SO ORDERED.
Dated:

April 9, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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