Levy v. Mass Mutual
Filing
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ORDER TO SHOW CAUSE Show Cause Response due by 11/20/2012.. Signed by Judge Laurel Beeler on 11/2/2012. (lblc1, COURT STAFF) (Filed on 11/5/2012)
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UNITED STATES DISTRICT COURT
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Northern District of California
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San Francisco Division
MARC OLIN LEVY,
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For the Northern District of California
UNITED STATES DISTRICT COURT
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No. C 12-01298 LB
Plaintiff,
v.
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ORDER TO SHOW CAUSE AND
VACATING CASE MANAGEMENT
CONFERENCE
MASS MUTUAL,
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Defendant.
_____________________________________/
Pro se Plaintiff Marc Levy filed this suit against Mass Mutual on March 14, 2012. See ECF No.
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1.1 The same day, he filed a motion for leave to proceed in forma pauperis, ECF No. 2, which this
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court granted on July 9, 2012, ECF No. 6. The court’s order directed the U.S. Marshal for the
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Northern District of California to serve the relevant documents upon Mass Mutual. Id. This was not
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possible, however, because Mr. Levy failed to provide the clerk of the court with the Defendant’s
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address. On August 16, 2012, the clerk of court sent Levy a letter asking for the Defendant’s
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address, and enclosed a self-addressed postage paid envelope for Levy’s reply. See ECF No. 8.
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Levy has not replied.
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Federal Rule of Civil Procedure 4(m) provides that if a defendant is not served within 120 days
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after the complaint is filed, the court must dismiss the action against that defendant without
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prejudice or order that service be made within a specified time. Upon a showing of good cause,
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Citations are to the Electronic Case File (“ECF”) with pin cites to the electronicallygenerated page numbers at the top of the document.
C 12-01298 LB (ORDER TO SHOW CAUSE)
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however, the court may extend the time for service for an appropriate period. Fed. R. Civ. P. 4(m).
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Here, the original 120 day period expired on July 12, 2012. Nonetheless, because the court granted
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Plaintiff’s motion to proceed in forma pauperis on July 9, 2012, the court extends the period for
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service to 120 days from that date. That 120 day period for service will expire on November 6,
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2012. The court has given Levy sufficient time and the means to provide the court with an address
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for service but has not done so. Accordingly, Levy is HEREBY ORDERED TO SHOW CAUSE
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why the court should not dismiss this action without prejudice. Levy shall file a response to this
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order to show cause by November 20, 2012. If Levy fails to respond to this order by November 20,
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2012, the court may dismiss this action without further notice. In light of this order, the Case
Management Conference currently scheduled for November 8, 2012 is VACATED and reset for
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January 17, 2013.
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For the Northern District of California
UNITED STATES DISTRICT COURT
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IT IS SO ORDERED.
Dated: November 2, 2012
_______________________________
LAUREL BEELER
United States Magistrate Judge
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C 12-01298 LB (ORDER TO SHOW CAUSE)
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