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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 Northern District of California 10 San Francisco Division ALICE MONROE, 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 No. C 12-03840 LB Plaintiff, v. ORDER TO SHOW CAUSE RE: FAILURE TO PROSECUTE 13 ORCHARD SUPPLY HARDWARE, et al., 14 15 Defendants. _____________________________________/ 16 On February 10, 2012, Plaintiff Alice Monroe filed a complaint in Alameda County Superior 17 Court against Defendants Orchard Supply Hardware, Jeff Caminata, and Bruce Williams. See Smith 18 Decl. Supp. Notice of Removal Ex. B, ECF No. 3 at 71. Defendants Orchard Hardware Supply LLC 19 and Bruce Williams removed the case to this court on July 23, 2012. See Notice of Removal, ECF 20 No. 1. Under Federal Rule of Civil Procedure 4(m), a plaintiff normally has 120 days after filing the 21 complaint to serve the complaint and summons on a defendant. Fed. R. Civ. P. 4(m). Whether 22 measured from February 10 or July 23, the 120-day period has now expired. Fed. R. Civ. P. 4(m), 23 6(a)(1)(C). To date, Plaintiff has filed no proof that Defendant Jeff Caminata has been served. See 24 generally Docket. 25 26 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 27 28 1 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 1 this order to show cause by Monday December 3, 2012. If Monroe's written response does not 2 provide proof of timely service (or show good cause for failure to do so), the court will dismiss 3 Plaintiff's claims against Caminata. 4 If Monroe demonstrates good cause for failure to serve Caminata, the court may continue the 5 case management conference currently scheduled for Thursday, December 6, 2012. If the case 6 management conference is not rescheduled, Defendants' counsel may appear by telephone through 7 CourtCall. 8 IT IS SO ORDERED. 9 Dated: November 30, 2012 10 _______________________________ LAUREL BEELER United States Magistrate Judge 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 12-03840 LB ORDER TO SHOW CAUSE 2

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