Nunn v. Fenswick et al
Filing
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ORDER TO SHOW CAUSE re dismissal for failure to serve Defendant Fenswick diligently. Show Cause Response due by 4/18/2012.Signed by Magistrate Judge Nandor J. Vadas on April 11, 2012. (njvlc2, COURT STAFF) (Filed on 4/11/2012)
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Not For Publication
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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EUREKA DIVISION
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United States District Court
For the Northern District of California
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WESLEY I. NUNN,
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No. CV 11-1545 NJV
Plaintiff,
ORDER TO SHOW CAUSE RE:
DISMISSAL FOR FAILURE TO SERVE
DEFENDANT FENSWICK DILIGENTLY
v.
JENNIFER M. FENSWICK, MELISSA A.
LEBLANC, and DOES 1 THROUGH 10,
Defendants.
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/
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In its March 28, 2012 Order, the Court lifted the stay previously entered in this action,
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dismissed the claims against defendant Melissa LeBlanc with prejudice, denied Plaintiff Wesley
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Nunn’s motion for an extension of time in which to serve defendant Jennifer Fenswick, and denied
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Nunn’s motion to serve Fenswick by publication. Doc. No. 26. In addition, the Court noted that the
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120-day deadline for serving Fenswick (Fed. R. Civ. P. 4(m)) would expire in ten days from the
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filing of the Order. Doc. No. 26 at 6-7. That deadline expired on April 9, 2012. Nunn has not filed
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a proof of service with the Court. Accordingly, Nunn is ordered to show cause why the claims
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against Fenswick should not be dismissed, without prejudice, for failure to serve her within 120
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days. Nunn shall file any response to this Order on or before April 18, 2012. The Court will take
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the matter under submission without a hearing.
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Dated: April 11, 2012
____________________
NANDOR J. VADAS
United States Magistrate Judge
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