Malfatti et al v. Specialized Loan Servicing LLC

Filing 6

ORDER TO SHOW CAUSE RE FAILURE TO PROSECUTE: Show Cause Response due by 7/5/2013. Signed by Magistrate Judge Laurel Beeler on 6/28/2013. (ls, COURT STAFF) (Filed on 6/28/2013)

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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco Division
ANTHONY MALFATTI and
CASA D’ORO MINISTRIES,

No. C 13-287 LB

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For the Northern District of California

UNITED STATES DISTRICT COURT

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ORDER TO SHOW CAUSE RE:
FAILURE TO PROSECUTE

Plaintiffs,
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v.

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SPECIALIZED LOAN SERVICING LLC,

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Defendant.
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Plaintiff filed a complaint against Defendant on January 22, 2013. Complaint, ECF No. 1.
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Under Federal Rule of Civil Procedure 4(m), a plaintiff normally has 120 days from the filing of the
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complaint to serve the complaint and summons on a defendant. Fed. R. Civ. P. 4(m). This means
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that in this case Plaintiff had until May 22, 2013 to serve Defendants. Fed. R. Civ. P. 4(m),
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6(a)(1)(C). To date, Plaintiff has filed no proof that Defendant has been served. See generally
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Docket.
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Accordingly, the court ORDERS Plaintiff to file proof of service by July 5, 2013 (or show good
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cause by that date for the failure to serve). Failure to do either of these will result in dismissal of
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the case without prejudice under Rule 4 (m) for failure to prosecute.
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IT IS SO ORDERED.
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Dated: June 28, 2013
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C 13-287 LB
ORDER TO SHOW CAUSE

_______________________________
LAUREL BEELER
United States Magistrate Judge