Thompson v. United Transportation Union et al

Filing 4

ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 8/24/2009 ORDERING the pltf to show cause in writing on or before 9/9/2009 why this case should not be dismissed; and the 9/2/2009 status (pretrial scheduling) conference is vacated pending pltf's response to this order to show cause. (Matson, R)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. UNITED TRANSPORTATION UNION; MALCOLM B. FUTHEY; ALBERT L. SUOZZO; FRANKLIN J. SEEGMILLER; and DOES 1-15, Defendants. / IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA KEVIN M. THOMPSON, Plaintiff, No. CIV S-09-1168 LKK EFB PS ORDER TO SHOW CAUSE This case is before the undersigned pursuant to E.D. Cal. Local Rule 72-302(c)(21). See 28 U.S.C. § 636(b)(1). Plaintiff initiated this action by filing a complaint and paying the filing fee on April 29, 2009. Dckt. No. 1. On that same date, the court issued its initial scheduling order. Dckt. No. 3. That order set a scheduling conference for September 2, 2009, and directed plaintiff to complete service of process within 120 days. See Fed. R. Civ. P. 4(m). The order further directed the parties to file status reports by no later than fourteen days prior to the September 2, 2009 scheduling conference (by August 19, 2009), and cautioned the parties that failure to obey the federal or local rules or orders of the court could result in sanctions, including a recommendation that the case be dismissed. //// 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Plaintiff has not filed a status report and has not yet effected service of process on defendants. Accordingly, plaintiff is ordered to show cause in writing on or before September 9, 2009, why this case should not be dismissed for failure to follow court orders and, if service has not been effected by August 27, 2009, for failure to effect service of process within the time prescribed by Rule 4(m). Fed. R. Civ. P. 4(m); E.D. Cal. L.R. 11-110. Failure to timely comply with this order will result in a recommendation that this action be dismissed for lack of prosecution. Additionally, the September 2, 2009 status (pretrial scheduling) conference is vacated pending plaintiff's response to this order to show cause. The court will reset a status conference as it deems appropriate. SO ORDERED. DATED: August 24, 2009. 2

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