Monroe v. Orchard Hardware Supply et al

Filing 15

ORDER TO SHOW CAUSE Show Cause Response due by 12/3/2012.. Signed by Judge Laurel Beeler on 11/30/2012. (lblc1, COURT STAFF) (Filed on 11/30/2012)

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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco Division
ALICE MONROE,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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No. C 12-03840 LB
Plaintiff,

v.

ORDER TO SHOW CAUSE RE:
FAILURE TO PROSECUTE

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ORCHARD SUPPLY HARDWARE, et al.,
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Defendants.
_____________________________________/

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On February 10, 2012, Plaintiff Alice Monroe filed a complaint in Alameda County Superior

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Court against Defendants Orchard Supply Hardware, Jeff Caminata, and Bruce Williams. See Smith

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Decl. Supp. Notice of Removal Ex. B, ECF No. 3 at 71. Defendants Orchard Hardware Supply LLC

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and Bruce Williams removed the case to this court on July 23, 2012. See Notice of Removal, ECF

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No. 1. Under Federal Rule of Civil Procedure 4(m), a plaintiff normally has 120 days after filing the

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complaint to serve the complaint and summons on a defendant. Fed. R. Civ. P. 4(m). Whether

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measured from February 10 or July 23, the 120-day period has now expired. Fed. R. Civ. P. 4(m),

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6(a)(1)(C). To date, Plaintiff has filed no proof that Defendant Jeff Caminata has been served. See

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generally Docket.

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Accordingly, the court ORDERS Monroe to SHOW CAUSE why her claims against Jeff
Caminata should not be dismissed for failure to prosecute. Monroe must file a written response to

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Citations are to the Electronic Case File (“ECF”) with pin cites to the electronicallygenerated page numbers at the top of the document.
C 12-03840 LB
ORDER TO SHOW CAUSE

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this order to show cause by Monday December 3, 2012. If Monroe's written response does not

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provide proof of timely service (or show good cause for failure to do so), the court will dismiss

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Plaintiff's claims against Caminata.

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If Monroe demonstrates good cause for failure to serve Caminata, the court may continue the

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case management conference currently scheduled for Thursday, December 6, 2012. If the case

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management conference is not rescheduled, Defendants' counsel may appear by telephone through

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CourtCall.

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IT IS SO ORDERED.

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Dated: November 30, 2012

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_______________________________
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 12-03840 LB
ORDER TO SHOW CAUSE

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