Everette v. Supplemental Health Care, Inc. et al

Filing 17

ORDER TO SHOW CAUSE WHY CLAIMS AGAINST DEFENDANT URBANCZYK SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE (Illston, Susan) (Filed on 8/12/2013)

Everette v. Supplemental Health Care, Inc. et al

Doc. 17

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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No. C 13-01398 SI

ROSE EVERETTE,
Plaintiff,

ORDER TO SHOW CAUSE WHY
CLAIMS AGAINST DEFENDANT
URBANCZYK SHOULD NOT BE
DISMISSED FOR FAILURE TO
PROSECUTE

v.
SUPPLEMENTAL HEALTH CARE, INC. and
JACQUELINE URBANCZYK,
Defendants.

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On March 29, 2013, plaintiff Everett filed this suit against defendants Supplemental Health Care,
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Inc. And Jacqueline Urbanczyk alleging tortious negligence. Plaintiff and defendant Supplemental
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Health Care have filed a stipulation dismissing the complaint against Supplemental Health Care.
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However, no mention was made of individual defendant Urbanczyk. Plaintiff has not provided proof
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that defendant Urbanczyk has been properly served a summons and copy of the complaint. Proper
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service must be made within 120 days after the complaint is filed, or the action may be dismissed. Fed.
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Rule Civ. Pro. 4(m); see also Fed. Rule Civ. Pro. 12(b)(5).
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Accordingly, plaintiff is ORDERED TO SHOW CAUSE in writing no later than August
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22, 2013, why the claims against defendant Urbanczyk should not be dismissed without prejudice
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for failure to prosecute.
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IT IS SO ORDERED.
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Dated: August 12, 2013
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SUSAN ILLSTON
United States District Judge

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