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)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
Northern District of California
10
San Francisco Division
LUIDIA INC,
12
For the Northern District of California
UNITED STATES DISTRICT COURT
11
No. C 12-02993 CRB (LB)
Plaintiff,
ORDER TO SHOW CAUSE
v.
13
PEN AND FREE CO., LTD., et al.,
14
15
Defendants.
_____________________________________/
16
Plaintiff filed a complaint for patent infringement on June 11, 2012. Complaint, ECF No. 1. So
17
far, neither Defendant has appeared in the action, and the court has not received any indication that
18
either Defendant has been served with the complaint and summons. See generally Docket.
19
Federal Rule of Civil Procedure 4(m) states that “[i]f a defendant is not served within 120 days
20
after the complaint is filed, the court—on motion or on its own and after notice to the
21
plaintiff—must dismiss the action without prejudice against that defendant or order that service be
22
made within a specified time.” Fed. R. Civ. P. 4(m). “But if the plaintiff shows good cause for the
23
failure, the court must extend the time for service for an appropriate period.” Id.
24
In this case, the 120-day period for service ended on October 9, 2012. Accordingly, the court
25
ORDERS Plaintiff to file, no later than October 19, 2012, a status update and show cause why this
26
case should not be dismissed without prejudice for failure to prosecute.
27
28
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
1
2
IT IS SO ORDERED.
Dated: October 10, 2012
_______________________________
LAUREL BEELER
United States Magistrate Judge
3
4
5
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 12-02993 LB
ORDER TO SHOW CAUSE
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?