Nelson et al v. Lowe's Home Centers, LLC

Filing 31

ORDER signed by District Judge Kimberly J. Mueller on 6/7/16 ORDERING that the court DISMISSES the unnamed defendants under Federal Rule of Civil Procedure 4(m). The court also SANCTIONS plaintiffs counsel in the amount of $250.00, payable to the Clerk of the Court within 14 days of the date this order is served. Counsel shall not pass this cost on to his client.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TONIA NELSON,

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No. 2:15-CV-00092-KJM-DAD

Plaintiff,
v.

ORDER

LOWE’S HOME CENTERS, LLC,
Defendant.

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On May 9, 2016, the court ordered plaintiff Tonia Nelson to show cause within

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fourteen (14) days why the court should not dismiss the “Doe” defendants. ECF No. 30. The

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court also ordered plaintiff’s counsel, Erik Peterson, to show cause within seven (7) days why he

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should not be sanctioned in the amount of $250 for his failure to obtain admission to the Bar of

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the Eastern District of California, as required by the Local Rules. Id.

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More than fourteen days have passed, and plaintiff and plaintiff’s counsel have

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each failed to respond to the court’s order. The court construes the lack of response as a

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concession. Accordingly, the court DISMISSES the unnamed defendants under Federal Rule of

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Civil Procedure 4(m). See Fed. R. Civ. P. 4(m) (providing for dismissal of defendants not served

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within ninety days of filing of the complaint unless the plaintiff shows good cause); see also

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Glass v. Fields, No. 1:09-00098, 2011 U.S. Dist. LEXIS 97604 (E.D. Cal. Aug. 31, 2011); Hard

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Drive Prods. v. Does, No. 11-01567, 2011 U.S. Dist. LEXIS 109837, at *2–4 (N.D. Cal. Sept. 27,
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2011). The court also SANCTIONS plaintiff’s counsel in the amount of $250.00, payable to the

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Clerk of the Court within fourteen (14) days of the date this order is served. Counsel shall not

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pass this cost on to his client.

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IT IS SO ORDERED.
DATED: June 7, 2016

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UNITED STATES DISTRICT JUDGE

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