Global Discoveries, Ltd. v. Realtec, LTD et al

Filing 10

ORDER TO SHOW CAUSE: Plaintiff shall appear and show cause why this action should not be dismissed at the Case Management Conference set for 3/13/2013 03:00 PM. Plaintiff's request to appear telephonically is denied. Signed by Judge Nathanael Cousins on 3/7/13. (lmh, COURT STAFF) (Filed on 3/7/2013)

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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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GLOBAL DISCOVERIES, LTD., a Nevada

12 Limited Liability Company,

ORDER TO SHOW CAUSE

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No. 12-cv-05186 NC

Plaintiff,
Re: Dkt. No. 8
v.

15 REALTEC, LTD., a foreign corporation
organized under the laws of the British Virgin

16 Islands; ZAHRA GILAK, an individual;

HASSAN IRAN POUY; UNITED STATES

17 OF AMERICA,
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Defendants.

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Plaintiff filed this interpleader action on October 5, 2012. Dkt. No. 1. Previously,

21 plaintiff asked the Court to continue the Initial Case Management Conference set for
22 January 9, 2013 because of plaintiff’s counsel’s medical condition. Dkt. No. 4. Plaintiff
23 stated that the continuance would allow time for service, and indicated that it intended to
24 initiate the process of serving defendants ZAHRA GILAK and UNITED STATES OF
25 AMERICA on January 7, 2013. Dkt. No. 4 at 3. The Court granted the requested
26 continuance. Dkt. No. 5. As of March 5, 2013, none of the four defendants had been
27 served with a summons and a copy of the complaint. Dkt. No. 8 at 3-4. Federal Rule of
28 Civil Procedure 4(m) provides that if a defendant is not served within 120 days after the
Case No. 12-cv-05186 NC
ORDER TO SHOW CAUSE

int
t
m
as
efendant aft notice to the
fter
o
1 complai is filed, the court may dismiss the action a to that de
f.
an
ed
the
dingly,
2 plaintiff More tha 120 days have passe since plaintiff filed t complaint. Accord
00
nitial Case Managemen Conferen set for W
M
nt
nce
Wednesday, March 13, 2013 at 3:0
,
,
3 at the In
aintiff must show caus why this action shou not be d
t
se
uld
dismissed un
nder Rule 4
4(m).
4 p.m., pla

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Pl
laintiff’s req
quest to con
ntinue the In
nitial Case Manageme Conferen Dkt. N 8 at
ent
nce,
No.

nied. Addit
tionally, the Court deni plaintiff request f an order permitting
e
ies
f’s
for
r
g
6 5, is den
f’s
t
t
agement Co
onference by telephone
e.
7 plaintiff counsel to appear at the Initial Case Mana

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IT IS SO OR
T
RDERED.

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Date: March 7, 2013

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0

____
__________
__________
_____
Nath
hanael M. C
Cousins
Unit States M
ted
Magistrate J
Judge

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Case No. 12-cv-0518 NC
86
ORDER TO SHOW CAUSE
R

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