Cardona et al v. Washington Mutual Bank, FA et al

Filing 12

ORDER DIRECTING PLAINTIFFS TO SHOW CAUSE WHY COMPLAINT SHOULD NOT BE DISMISSED; CONTINUING CASE MANAGEMENT CONFERENCE. Plaintiffs are ordered to show cause, in writing and no later than December 7, 2012, why plaintiffs' complaint should not be d ismissed for failure to serve within the time required by Rule 4(m). The Case Management Conference is continued from December 14, 2012 to January 25, 2013, at 10:30 a.m.; a Joint Case Management Statement shall be filed no later than January 18, 2013. Signed by Judge Maxine M. Chesney on November 20, 2012. (mmclc1, COURT STAFF) (Filed on 11/20/2012) (Additional attachment(s) added on 11/20/2012: # 1 Certificate/Proof of Service) (rbe, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

For the Northern District of California

United States District Court

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ORLANDO CARDONA and SILVIA
CORDONA,

No. 12-3328 MMC
ORDER DIRECTING PLAINTIFFS TO
SHOW CAUSE WHY COMPLAINT
SHOULD NOT BE DISMISSED;
CONTINUING CASE MANAGEMENT
CONFERENCE

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Plaintiffs,
v.

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WASHINGTON MUTUAL BANK, et al.,

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Defendants.

/

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“If a defendant is not served within 120 days after the complaint is filed, the court –

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on motion or on its own after notice to the plaintiff – must dismiss the action without

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prejudice against that defendant or order that service be made within a specified time.”

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Fed. R. Civ. P. 4(m).

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On June 27, 2012, plaintiffs filed the instant complaint, naming therein fifteen

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defendants. To date, plaintiffs have not filed proof of service of the summons and

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complaint upon any of the defendants. Accordingly, pursuant to Rule 4(m), plaintiffs are

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hereby ORDERED TO SHOW CAUSE, in writing and no later than December 7, 2012, why

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plaintiffs’ complaint should not be dismissed for failure to serve within the time required by

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Rule 4(m).

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//

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//

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In light of the above, the Case Management Conference is hereby CONTINUED

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from December 14, 2012 to January 25, 2013, at 10:30 a.m. A Joint Case Management

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Statement shall be filed no later than January 18, 2013.

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IT IS SO ORDERED.

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Dated: November 20, 2012
MAXINE M. CHESNEY
United States District Judge

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