Northern California Rail and Port Truckers Association and Ajpop Cesilio et al v. State of California

Filing 10

ORDER DISMISSING ACTION WITHOUT PREJUDICE PURSUANT TO FRCP 4(m) (SI, COURT STAFF) (Filed on 5/17/2010)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BHAMBRA LAKHBIR, IRVINDER S. DHANDA, et al., Plaintiffs, v. STATE OF CALIFORNIA, et al., Defendants. / No. C 09-06092 SI ORDER DISMISSING ACTION WITHOUT PREJUDICE PURSUANT TO FRCP 4(m) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

On April 13, 2010, the Court issued an order directing plaintiffs to show cause no later than April 23, 2010 why this action should not be dismissed for failure to prosecute. In that order, the Court also advised plaintiffs that if they did not serve defendants with a copy of the summons and complaint by April 29, 2010, the action would be dismissed without prejudice pursuant to Federal Rule of Civil Procedure 4(m) ("If a defendant is not served within 120 days after the complaint is filed, the court . . . must dismiss the action without prejudice against that defendant or order that service be made within a specified time"). The dates specified for showing cause and for serving defendants have now expired, and plaintiffs have apparently taken no action in response to the Court's order. Accordingly, this action is hereby DISMISSED without prejudice in accordance with Federal Rule of Civil Procedure 4(m).

IT IS SO ORDERED. Dated: May 17, 2010 SUSAN ILLSTON United States District Judge

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