Van den Heuvel v. Expedia Travel et al

Filing 33

ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 9/1/2016 ORDERING the status conference currently scheduled for 9/7/2016 is VACATED and Plaintiff is ORDERED TO SHOW CAUSE, in writing, no later than 9/7/2016, why this action should not be dismissed for lack of prosecution. Plaintiff is cautioned that failure to respond to this order may result in a recommendation that this action be dismissed. (Jackson, T)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JEAN MARC VAN DEN HEUVEL,

12

Plaintiff,

13
14

No. 2:16-cv-0567 JAM AC (PS)

v.

ORDER

EXPEDIA TRAVEL, et al.,

15

Defendants.

16
17

This lawsuit was removed from the Sacramento County Superior Court. See ECF No. 1.

18

Plaintiff is proceeding in pro per, and the matter was accordingly referred to the magistrate judge

19

by E.D. Cal. R. (“Local Rule”) 302(c)(21). On August 26, 2016, plaintiff voluntarily dismissed

20

defendant British Airways, with prejudice. ECF No. 31.
It appears that plaintiff is not actively litigating this case against Expedia Travel, the only

21
22

remaining named defendant. See ECF No. 26 (Second Amended Complaint). There is no

23

evidence that plaintiff has served Expedia, which was named in the original complaint, within the

24

90 days allotted for him to do so.1 See ECF No. 5 (ordering service within 90 days of March 25,

25

2016, citing Fed. R. Civ. P. 4(m)); Fed. R. Civ. P. 4(l) (requiring proof of service to be filed with

26

1

27
28

See Thai v. United States, 2016 WL 1585135 at *2, 2016 U.S. Dist. LEXIS 52465 at *7
(S.D. Cal.) (“the filing of an amended complaint does not restart the service period against a
defendant named in the original complaint under Rule 4(m)”), adopted, 2016 WL 1573314, 2016
U.S. Dist. LEXIS 52455 (2016).
1

1

the court). Moreover, plaintiff has not timely filed a Status Report for the Status (Pretrial

2

Scheduling) Conference currently scheduled for September 7, 2016.

3

Accordingly, IT IS HEREBY ORDERED that:

4

1.

The status conference currently scheduled for September 7, 2016 is VACATED;

5

2.

Plaintiff is Ordered To Show Cause, in writing, no later than September 7, 2016,

6

why this action should not be dismissed for lack of prosecution. Plaintiff is cautioned that failure

7

to respond to this order may result in a recommendation that this action be dismissed.

8

DATED: September 1, 2016

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2