J & J Productions, Inc. v. Martinez
ORDER DIRECTING PLAINTIFF TO SHOW CAUSE WHY CLAIMS AGAINST UNSERVED DEFENDANTS SHOULD NOT BE DISMISSED. Pursuant to Rule 4(m), plaintiff is ordered to show cause, in writing and no later than April 29, 2011, why plaintiff's claims against defend ants Raul Jimenez Martinez, Benito Jimenez Martinez, and Gustavo Jimenez Martinez should not be dismissed for failure to serve within the time required by Rule 4(m). Signed by Judge Maxine M. Chesney on April 12, 2011. (mmclc1, COURT STAFF) (Filed on 4/12/2011)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
J & J SPORTS PRODUCTIONS, INC.,
No. 10-4202 MMC
For the Northern District of California
United States District Court
ORDER DIRECTING PLAINTIFF TO
SHOW CAUSE WHY CLAIMS AGAINST
UNSERVED DEFENDANTS SHOULD
NOT BE DISMISSED
JUANA JIMENEZ MARTINEZ, et al.,
“If a defendant is not served within 120 days after the complaint is filed, the court –
on motion or on its own after notice to the plaintiff – must dismiss the action without
prejudice against that defendant or order that service be made within a specified time.”
Fed. R. Civ. P. 4(m).
On December 6, 2010, plaintiff filed its Amended Complaint, naming the following
three additional defendants: Raul Jimenez Martinez, Benito Jimenez Martinez, and
Gustavo Jimenez Martinez. To date, plaintiff has not filed proof of service of the summons
and Amended Complaint upon any of said defendants. Pursuant to Rule 4(m), plaintiff is
hereby ORDERED TO SHOW CAUSE, in writing and no later than April 29, 2011, why
plaintiff’s claims against said defendants should not be dismissed for failure to serve within
the time required by Rule 4(m).
IT IS SO ORDERED.
Dated: April 12, 2011
MAXINE M. CHESNEY
United States District Judge
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