Meier et al v. Bozora et al

Filing 56

ORDER TO SHOW CAUSE WHY DEFAULT SHOULD NOT BE SET ASIDE AND WHY THIS CASE SHOULD NOT BE DISMISSED - Order to Show Cause Hearing set for 1/13/2015 03:00 PM. Show Cause Response due by 1/6/2015. Signed by Judge William H. Orrick on 12/12/2014. (jmdS, COURT STAFF) (Filed on 12/12/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DANIEL MEIER, et al.,
Plaintiffs,

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v.
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MICHAEL W. BOZORA, et al.,

Case No. 11-cv-06609-WHO
ORDER TO SHOW CAUSE WHY DEFAULT
SHOULD NOT BE SET ASIDE AND
WHY THIS CASE SHOULD NOT BE
DISMISSED

Defendants.

United States District Court
Northern District of California

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This order arises from plaintiffs’ extended, unsuccessful efforts to serve the primary

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defendant in this case, Michael W. Bozora. On June 3, 2014, I issued an order requiring plaintiffs

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to show good cause why the case should not dismissed for failure to serve Bozora. Dkt. No. 45.

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Plaintiffs submitted a response stating they had retained a private investigator for the specific

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purpose of locating Bozora and serving him. Dkt. No. 49. I gave plaintiffs until September 26,

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2014 to confirm that service had been accomplished. Dkt. No 50.

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On that date, plaintiffs’ counsel submitted a declaration stating that Bozora had been

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served by personal service at his home in the Lake Tahoe area. Dkt. No. 51. The proof of service

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attached to the declaration states that plaintiffs’ complaint, along with a summons and civil cover

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sheet, were personally served on Bozora at his home at the following address: 3025 Argonaut

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Ave., South Lake Tahoe, CA 96150. Dkt. No. 51-1. On December 4, 2014, on motion by

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plaintiffs, the Clerk of the Court entered default against Bozora. Dkt. No. 54.

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On December 8, 2014, a letter dated December 5, 2014 and signed by Cristi Creegan was

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filed with the Court. Dkt. No. 55. The letter’s return address is 3025 Argonaut Ave., South Lake

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Tahoe, CA 96150, the same address where Bozora was purportedly served. Attached to the letter

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is what appears to be a copy of plaintiffs’ complaint accompanied by a summons and civil cover

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sheet. The letter states:

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This document was placed in the mailbox at my home on Friday, September 26,
2014. I found it beneath my mail when I emptied the box after returning home
from picking my daughters up at schools. None of the people named in this
documents lives at this address. There was no note attached to this document nor
was it in an envelope. As such, I am returning it to the court.

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The timing of the letter – one day after default was entered against Bozora – is suspicious,

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in particular given Creegan’s statement that she had been in possession of the returned document

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since September 26, 2014. Nevertheless, the letter raises the question of whether Bozora has, in

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fact, been properly served. Accordingly, by January 6, 2015, plaintiffs must file a memorandum

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with supporting evidence showing good cause why the default against Bozora should not be set

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aside, and why this case should not be dismissed. A hearing regarding this matter is set for

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January 13, 2015 at 3:00 p.m. I will dismiss this case without prejudice on that date unless

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United States District Court
Northern District of California

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plaintiffs are able to show good cause.

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IT IS SO ORDERED.

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Dated: December 12, 2014
______________________________________
WILLIAM H. ORRICK
United States District Judge

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