Miyasaki v. Treacy et al

Filing 21

ORDER TO SHOW CAUSE re: Failure to Prosecute. Order to Show Cause Hearing set for 4/24/2014 10:00 AM. Show Cause Response due by 4/17/2014. Signed by Judge Maria-Elena James on March 14, 2014. (mejlc3, COURT STAFF) (Filed on 3/14/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARGARET EVE-LYNNE MIYASAKI,

Case No. 12-cv-04427-MEJ

Plaintiff,
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v.

ORDER TO SHOW CAUSE

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KYNA TREACY, et al.,
Defendants.

United States District Court
Northern District of California

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On December 10, 2013, Plaintiff Margaret Eve-Lynne Miyasaki filed her Fifth Status

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Report, indicating that she was still attempting to effect service of process on Defendant and

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requesting that the Court continue this matter for 90 days for another status conference. Dkt. No.

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17. On December 18, 2013, the Court granted Plaintiff’s request and ordered Plaintiff to file a

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Sixth Status Report by March 6, 2014, detailing whether service had been completed. Order, Dkt.

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No. 18. In the Order, the Court noted that Plaintiff filed this case over a year ago, and has had

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ample time to locate and serve Defendant. Id. The Court ordered Plaintiff to show cause as to

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why this action should not be dismissed if she failed to serve Defendant by March 6, 2014. Id.

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Instead, on March 6, 2014, Plaintiff filed a copy of the Fifth Status Report in a different typeface

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indicating that she was still attempting to personally serve Defendant and/or discover alternative

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methods of service in accordance with Australian law. Dkt. No. 19.

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Accordingly, the Court hereby ORDERS Plaintiff Margaret Eve-Lynne Miyasaki to show

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cause why this case should not be dismissed for failure to prosecute and failure to comply with

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court deadlines. Plaintiff shall file a declaration by April 17, 2014, in which she shall advise the

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Court whether she has served Defendant. If a responsive declaration is filed, the Court shall either

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issue an order based on the declaration or conduct a hearing on April 24, 2014 at 10:00 a.m. in

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Courtroom B, 15th Floor, 450 Golden Gate Avenue, San Francisco, California. Notice is hereby

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provided to Plaintiff(s) that the Court may dismiss the case without a hearing if no responsive

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declaration is filed. Thus, it is imperative that Plaintiff(s) file a written response by the deadline

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above.

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IT IS SO ORDERED.
Dated: March 14, 2014
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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United States District Court
Northern District of California

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