Narog v. Bank of America Home Loan Servicing LP et al

Filing 5

ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 2/8/12 ORDERING the plaintiff to SHOW CAUSE, in writing on or before 4/4/12, why sanctions should not be imposed for failure to follow court orders and, if service was not effected b y 2/1/12, for failure to effect service of process within the time perscribed by Rule 4(m). The Status Conference is CONTINUED for 4/18/2012 at 10:00 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan. Status reports or a joint status report is due by 4/4/12. (Donati, J)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LESLIE NAROG,
Plaintiff,

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No. CIV S-11-2618 GEB EFB PS

vs.
BANK OF AMERICA HOME LOAN
SERVICING LP, et al.,

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Defendants.
_________________________________/

ORDER TO SHOW CAUSE

This case is before the undersigned pursuant to Eastern District of California Local Rule

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302(c)(21). See 28 U.S.C. § 636(b)(1). On October 4, 2011, plaintiff filed a complaint in this

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action and paid the filing fee. Dckt. No. 1. The same day, the court issued its initial scheduling

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order. Dckt. No. 4. That order directed plaintiff to complete service of process within 120 days

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(see Federal Rule of Civil Procedure (“Rule”) 4(m)), and set a scheduling conference for

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February 15, 2012. Id. The order further directed the parties to file status reports no later than

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fourteen days prior to the February 15, 2012 scheduling conference (or by February 1, 2012),

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and cautioned the parties that failure to obey the federal or local rules or orders of the court

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could result in sanctions, including a recommendation that the case be dismissed. Id.

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The court file reveals that plaintiff has not filed a status report, as required by the October
4, 2011 order, and that plaintiff has not yet effected service of process on defendants.
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Accordingly, the status conference will be continued and plaintiff will be ordered to show cause

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why this case should not be dismissed for failure to follow court orders and for failure to effect

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service of process within the time prescribed by Rule 4(m). Fed. R. Civ. P. 4(m); E.D. Cal. L.R.

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110 (“Failure of counsel or of a party to comply with these Rules or with any order of the Court

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may be grounds for imposition by the Court of any and all sanctions authorized by statute or

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Rule or within the inherent power of the Court.”); see also L.R. 183 (“Any individual

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representing himself or herself without an attorney is bound by the Federal Rules of Civil or

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Criminal Procedure and by these Local Rules.”); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.

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1995) (“Failure to follow a district court’s local rules is a proper ground for dismissal.”). Failure

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to timely comply with this order may result in sanctions, including a recommendation that this

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action be dismissed for lack of prosecution.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The status conference currently scheduled for February 15, 2012, is continued to April

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18, 2012, at 10:00 a.m., in Courtroom No. 24.

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2. Plaintiff shall show cause, in writing, on or before April 4, 2012, why sanctions

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should not be imposed for failure to follow court orders and, if service was not effected by

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February 1, 2012, for failure to effect service of process within the time prescribed by Rule 4(m).

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3. Also by April 4, 2012, the parties shall file status reports (or a joint status report)

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setting forth the matters referenced in the court’s October 4, 2011 order, including the status of

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service of process.

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4. Failure of plaintiff to comply with this order may result in a recommendation that this

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action be dismissed for failure to follow court orders, for failure to effect service of process

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within the time prescribed by Rule 4(m), and/or for lack of prosecution under Rule 41(b).

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SO ORDERED.
DATED: February 8, 2012.

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