Luidia, Inc. v. Pen and Free Co., Ltd. et al

Filing 6

ORDER TO SHOW CAUSE. Show Cause Response due by 10/19/2012. The October 11, 2012 Initial Case Management Conference is VACATED. Signed by Magistrate Judge Laurel Beeler on 10/10/2012. (lblc2, COURT STAFF) (Filed on 10/10/2012)

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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco Division
LUIDIA INC,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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No. C 12-02993 CRB (LB)
Plaintiff,

ORDER TO SHOW CAUSE

v.
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PEN AND FREE CO., LTD., et al.,
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Defendants.
_____________________________________/

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Plaintiff filed a complaint for patent infringement on June 11, 2012. Complaint, ECF No. 1. So

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far, neither Defendant has appeared in the action, and the court has not received any indication that

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either Defendant has been served with the complaint and summons. See generally Docket.

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Federal Rule of Civil Procedure 4(m) states that “[i]f a defendant is not served within 120 days

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after the complaint is filed, the court—on motion or on its own and after notice to the

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plaintiff—must dismiss the action without prejudice against that defendant or order that service be

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made within a specified time.” Fed. R. Civ. P. 4(m). “But if the plaintiff shows good cause for the

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failure, the court must extend the time for service for an appropriate period.” Id.

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In this case, the 120-day period for service ended on October 9, 2012. Accordingly, the court

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ORDERS Plaintiff to file, no later than October 19, 2012, a status update and show cause why this

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case should not be dismissed without prejudice for failure to prosecute.

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The October 11, 2012 Initial Case Management Conference is VACATED. If necessary, the
court will reset it for a later date.
C 12-02993 LB
ORDER TO SHOW CAUSE

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IT IS SO ORDERED.
Dated: October 10, 2012
_______________________________
LAUREL BEELER
United States Magistrate Judge

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For the Northern District of California

UNITED STATES DISTRICT COURT

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C 12-02993 LB
ORDER TO SHOW CAUSE

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