Mills v. World Financial Network National Bank

Filing 15

ORDER DISMISSING CASE. Signed by Magistrate Judge Bernard Zimmerman on 1/27/2010. (bzsec, COURT STAFF) (Filed on 1/27/2010)

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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 27 28 v. WORLD FINANCIAL NETWORK NATIONAL BANK, Defendant(s). DARLENE MILLS, Plaintiff(s), ) ) ) ) ) ) ) ) ) ) ) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA No. C09-3597 BZ ORDER OF DISMISSAL On January 5, 2010 I ordered plaintiff to show cause in writing why she did not attend the case management conference scheduled for January 4, 2010 and why this case should not be dismissed for failure to effect timely service of process under Rule 4(m). A hearing on an Order to Show Cause was Plaintiff did not attend. scheduled on January 25, 2010. While plaintiff explained her absence at the prior hearing, she has not provided a satisfactory explanation for failing to serve the defendant, and has not sought an extension to do so under Rule 4(m). excused from attending the hearing. Nor did she seek to be Therefore, IT IS ORDERED that this action is DISMISSED without prejudice for failure to 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 27 28 serve timely and for failure to obey this Court's order by attending the hearing. Dated: January 27, 2010 Bernard Zimmerman United States Magistrate Judge G:\BZALL\-BZCASES\MILLS V. WORLD FINANCIAL\DISM ORD.wpd 2

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