Highgrade Tech. Co., Ltd. v. OSD Audio et al

Filing 35

ORDER TO SHOW CAUSE AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE. Show Cause Response due by 9/27/2013. Initial Case Management Conference CONTINUED to 10/9/2013 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on September 17, 2013. (wsn, COURT STAFF) (Filed on 9/17/2013)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

HIGHGRADE TECH. CO., LTD.,

Case No. 13-cv-01881-JST

Plaintiff,
8
v.
9
10

OSD AUDIO, et al.,

ORDER TO SHOW CAUSE AND
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE

Defendants.

United States District Court
Northern District of California

11
12
13

Rule 4 of the Federal Rules of Civil Procedure provides as follows:

14

If a defendant is not served within 120 days after the complaint is filed, the court—
on motion or on its own after notice to the plaintiff—must dismiss the action
without prejudice against that defendant or order that service be made within a
specified time.

15
16
17

Fed. R. Civ. P. 4(m). This action was filed on April 24, 2013. 146 days have elapsed since the

18

filing of the complaint, but Plaintiff has not yet served Defendants Freeshipmounts.com or Hayden

19

Ly.

20

Plaintiff has not provided good cause for its failure to serve. In its most recent Case

21

Management Statement, Highgrade says only, “Highgrade has been unsuccessful in its efforts to

22

serve Defendants Freeshipmounts.com and Hayden Ly and anticipates that it will seek leave to serve

23

these parties by publication.” Highgrade does not describe the efforts it has made to serve these

24

defendants, or indicate the date by which it intends to seek an order permitting service by publication.

25

Accordingly, the Court now orders as follows:

26

1.

Plaintiff is ORDERED TO SHOW CAUSE why Defendants Freeshipmounts.com

27

and/or Hayden Ly should not be dismissed from this action pursuant to Rule 4(m). Plaintiff is

28

ordered to file a written response to this order by September 27, 2013. If Plaintiff seeks to avoid

1
2
3
4
5
6
7

dismissal, Plaintiff must also file an application for leave to serve by publication by that date.
2.

The Case Management Conference currently scheduled for September 18, 2013 is

CONTINUED to Wednesday, October 9, 2013 at 2:00 p.m. in Courtroom 9.
IT IS SO ORDERED.
Dated: September 17, 2013
______________________________________
JON S. TIGAR
United States District Judge

8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2