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

Filing 13

ORDER DISMISSING COMPLAINT WITHOUT PREJUDICE; DIRECTIONS TO CLERK. Signed by Judge Maxine M. Chesney on December 13, 2012. (mmclc1, COURT STAFF) (Filed on 12/13/2012)

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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 DISMISSING COMPLAINT
WITHOUT PREJUDICE; DIRECTIONS TO
CLERK

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Plaintiffs,
v.

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WASHINGTON MUTUAL BANK, et al.,

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Defendants.

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By order filed November 20, 2012, the Court ordered plaintiffs to show cause, in

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writing and no later than December 7, 2012, why the instant complaint should not be

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dismissed for failure to serve defendants within the 120-day period provided in Rule 4(m) of

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the Federal Rules of Civil Procedure. Plaintiffs have not filed a response to the Court’s

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order within the time specified therein.

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A district court “must extend” the deadline to serve upon a showing of “good cause”

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and has discretion to extend the deadline upon a showing of “excusable neglect.” See

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Lemoge v. United States, 587 F.3d 1188, 1198 (9th Cir. 2009). Here, plaintiffs, having

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failed to respond to the Court’s order of November 20, 2012, have not shown either good

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cause exists for an extension or that their failure to effectuate service was the result of

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excusable neglect.

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//

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Accordingly, plaintiffs’ complaint is hereby DISMISSED without prejudice. See Fed.
R. Civ. P. 4(m).

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The Clerk of the Court is DIRECTED to close the file.

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IT IS SO ORDERED.

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Dated: December 13, 2012
MAXINE M. CHESNEY
United States District Judge

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