Levy v. Mass Mutual

Filing 9

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 Northern District of California 10 San Francisco Division MARC OLIN LEVY, 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 No. C 12-01298 LB Plaintiff, v. 13 ORDER TO SHOW CAUSE AND VACATING CASE MANAGEMENT CONFERENCE MASS MUTUAL, 14 15 16 Defendant. _____________________________________/ Pro se Plaintiff Marc Levy filed this suit against Mass Mutual on March 14, 2012. See ECF No. 17 1.1 The same day, he filed a motion for leave to proceed in forma pauperis, ECF No. 2, which this 18 court granted on July 9, 2012, ECF No. 6. The court’s order directed the U.S. Marshal for the 19 Northern District of California to serve the relevant documents upon Mass Mutual. Id. This was not 20 possible, however, because Mr. Levy failed to provide the clerk of the court with the Defendant’s 21 address. On August 16, 2012, the clerk of court sent Levy a letter asking for the Defendant’s 22 address, and enclosed a self-addressed postage paid envelope for Levy’s reply. See ECF No. 8. 23 Levy has not replied. 24 Federal Rule of Civil Procedure 4(m) provides that if a defendant is not served within 120 days 25 after the complaint is filed, the court must dismiss the action against that defendant without 26 prejudice or order that service be made within a specified time. Upon a showing of good cause, 27 28 1 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) 1 however, the court may extend the time for service for an appropriate period. Fed. R. Civ. P. 4(m). 2 Here, the original 120 day period expired on July 12, 2012. Nonetheless, because the court granted 3 Plaintiff’s motion to proceed in forma pauperis on July 9, 2012, the court extends the period for 4 service to 120 days from that date. That 120 day period for service will expire on November 6, 5 2012. The court has given Levy sufficient time and the means to provide the court with an address 6 for service but has not done so. Accordingly, Levy is HEREBY ORDERED TO SHOW CAUSE 7 why the court should not dismiss this action without prejudice. Levy shall file a response to this 8 order to show cause by November 20, 2012. If Levy fails to respond to this order by November 20, 9 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 11 January 17, 2013. 12 For the Northern District of California UNITED STATES DISTRICT COURT 10 13 IT IS SO ORDERED. Dated: November 2, 2012 _______________________________ LAUREL BEELER United States Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C 12-01298 LB (ORDER TO SHOW CAUSE) 2

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