Barragan v. Personniq, LLC et al

Filing 40

ORDER DIRECTING PLAINTIFF TO SHOW CAUSE WHY CLAIMS AGAINST DEFENDANT RIX SHOULD NOT BE DISMISSED Plaintiff is ordered to show cause, in writing and no later than October 10, 2014, why plaintiff's claims against Steven Rix should not be dismissed for failure to serve within the time required by Rule 4(m). Signed by Judge Maxine M. Chesney on September 17, 2014. (mmclc2, COURT STAFF) (Filed on 9/17/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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PEDRO BARRAGAN,

No. 14-0475 MMC

Plaintiff,

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ORDER DIRECTING PLAINTIFF TO
SHOW CAUSE WHY CLAIMS AGAINST
DEFENDANT RIX SHOULD NOT BE
DISMISSED

v.
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PERSONNIQ, LLC; JIM PRENDERGAST;
and STEVEN RIX,
Defendants.

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/

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On July 30, 2013, plaintiff filed the instant action in the Sonoma County Superior

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Court, naming Personniq, LLC; Jim Prendergast, and Steven Rix as defendants. On

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January 31, 2014, the instant action was removed to the federal district court. To date,

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plaintiff has not filed proof of service of the summons and complaint upon defendant Steven

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Rix. “If a defendant is not served within 120 days after the complaint is filed, the court – on

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motion or on its own after notice to the plaintiff – must dismiss the action without prejudice

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against that defendant or order that service be made within a specified time,” Fed. R. Civ.

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P. 4(m), and where, as here, the complaint is removed from state court, the 120-day period

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runs from the date of removal, see 28 U.S.C. § 1448; Fed. R. Civ. P. 81(c)(1).

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Accordingly, plaintiff is hereby ORDERED TO SHOW CAUSE, in writing and no

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later than October 10, 2014, why plaintiff’s claims against Steven Rix should not be

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dismissed for failure to serve within the time required by Rule 4(m).

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IT IS SO ORDERED.

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Dated: September 17, 2014
MAXINE M. CHESNEY
United States District Judge

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