Dutra v. BFI Waste Systems of North America, Inc. et al

Filing 6

ORDER TO SHOW CAUSE FOR FAILURE TO SERVE. Show Cause Response due by 12/12/2012. Signed by Judge Nathanael M. Cousins on 12/05/2012. (nclc2, COURT STAFF) (Filed on 12/5/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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HAROLD DUTRA, JR.,
Plaintiff,

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Case No. 12-cv-3338 NC
ORDER TO SHOW CAUSE FOR
FAILURE TO SERVE

v.
BFI WASTE SYSTEMS OF NORTH
AMERICA, INC. d/b/a ALLIED WASTE
SERVICES OF SAN MATEO,
INTERNATIONAL BROTHERHOOD OF
TEAMSTERS LOCAL UNION 350,
PRESIDENT LARRY DAUGHERTY, and
DOES 1-40,
Defendants.

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Plaintiff Harold Dutra, Jr. filed this § 1981 complaint for damages and injunctive

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relief on June 28, 2012. The parties had an initial case management conference

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scheduled before this Court on October 3, 2012. Plaintiff sought and the Court granted

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plaintiff’s request to continue the case management conference to November 21, 2012.

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Dkt. Nos. 4, 5. Plaintiff failed to appear at the case management conference, failed to

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file a case management conference statement, and has yet to consent or decline the

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jurisdiction of a magistrate judge as required under 28 U.S.C. § 636(c). In addition,

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plaintiff has yet to serve the summons and complaint on defendants.

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Under Federal Rule of Civil Procedure 4(m), a plaintiff must serve a defendant
within 120 days of filing the complaint. Fed. R. Civ. P. 4(m). If a defendant is not
Case No. 12-cv-3338
ORDER TO SHOW CAUSE

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served within 120 days, the court may dismiss the action after notice to the plaintiff. Id.

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As more than 120 days have passed since Dutra filed the complaint, he must show cause

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in writing by December 12, 2012, why this action should not be dismissed under Rule

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4(m). Dutra must also consent or decline to the jurisdiction of a magistrate judge by this

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date.

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IT IS SO ORDERED.

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DATED: December 5, 2012
____________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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Case No. 12-cv-3338 NC
ORDER TO SHOW CAUSE

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