CLiC Goggles, Inc. v. Gugyela et al

Filing 9

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 2/7/2013 11:00 AM. Show Cause Response due by 1/17/2013.. Signed by Judge Laurel Beeler on 1/7/2013. (lblc2, COURT STAFF) (Filed on 1/7/2013)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 Northern District of California 10 San Francisco Division CLIC GOOGLES, 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 No. C 11-06369 LB Plaintiff, v. 13 ISABEL GUGYELA, et al., 14 15 ORDER TO SHOW CAUSE RE: FAILURE TO PROSECUTE AND FAILURE TO RESPOND TO PREVIOUS ORDER TO SHOW CAUSE Defendants. _____________________________________/ 16 Plaintiff filed a complaint against Defendants on December 16, 2011. Complaint, ECF No. 1. 17 Under Federal Rule of Civil Procedure 4(m), a plaintiff normally has 120 days from the filing of the 18 complaint to serve the complaint and summons on a defendant. Fed. R. Civ. P. 4(m). This means 19 that in this case Plaintiff had until April 16, 2012 to serve Defendants. Fed. R. Civ. P. 4(m), 20 6(a)(1)(C). To date, Plaintiff has filed no proof that Defendants have been served. See generally 21 Docket. 22 The court previously ordered Plaintiff to show cause by October 1, 2012 why this case should 23 not be dismissed without prejudice for failure to prosecute. First Order to Show Cause, ECF No. 8. 24 Plaintiff never responded to the court’s order. 25 Accordingly, the court ORDERS Plaintiff to show cause why this action should be dismissed for 26 failure to prosecute and ORDERS Plaintiffs’ counsel to show cause why he should not be 27 sanctioned for failing to comply with the court’s previous order to show cause. Plaintiff and its 28 counsel SHALL do so by filing a written response no later than Thursday, January 17, 2013. The C 11-06369 LB ORDER TO SHOW CAUSE 1 court SETS a show cause hearing for Thursday, February 7, 2013 at 11:00 a.m. in Courtroom C, 2 15th Floor, United States District Court, 450 Golden Gate Avenue, San Francisco, California, 3 94102. 4 5 IT IS SO ORDERED. Dated: January 7, 2013 _______________________________ LAUREL BEELER United States Magistrate Judge 6 7 8 9 10 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C 11-06369 LB ORDER TO SHOW CAUSE 2

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