California Sportfishing Protection Alliance v. Republic Services, Inc. et al

Filing 8

ORDER TO Show Cause for Failure to Prosecute. The court orders Plaintiff to serve Defendants by January 30, 2015, and to file proof of service by February 2, 2015 (or show good cause by that date for the failure to serve). Failure to do either of these will result in dismissal of this case without prejudice under Rule 4(m) for failure to prosecute. The court sets a further case-management conference for February 12, 2015. An updated case-management statement must be filed by February 5, 2015. (lblc1S, COURT STAFF) (Filed on 1/9/2015)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 United States District Court Northern District of California 11 CALIFORNIA SPORTFISHING PROTECTION ALLIANCE, 12 13 14 Case No. 14-cv-03878-LB Plaintiff, ORDER TO SHOW CAUSE FOR FAILURE TO PROSECUTE v. REPUBLIC SERVICES, INC., et al., 15 Defendants. 16 Plaintiff filed a complaint against Defendants on August 26, 2015. (Complaint – ECF No. 17 1.) Under Rule 4(m) of the Federal Rules of Civil Procedure, a plaintiff normally has 120 days to 18 serve the complaint and summons on a defendant. Fed. R. Civ. P. 4(m). This means that in this 19 case Plaintiff had until December 24, 2014 to serve the defendants. See Fed. R. Civ. P. 4(m), 20 6(a)(1)(C). To date, Plaintiff has filed no proof that Defendants have been served. (See generally 21 ECF Nos. 1-6.) 22 The court accordingly orders Plaintiffs to serve Defendants by January 30, 2015, and to 23 file proof of service by February 2, 2015 (or show good cause by that date for the failure to serve). 24 Failure to do either of these will result in dismissal of this case without prejudice under Rule 4(m) 25 for failure to prosecute. 26 27 To keep this case on track, the court sets a further case-management conference for February 12, 2015. An updated case-management statement must be filed by February 5, 2015. 28 ORDER – 14-3878 LB 1 2 IT IS SO ORDERED. Dated: January 9, 2015 ______________________________________ Laurel Beeler United States Magistrate Judge 3 4 5 6 7 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 ORDER – 14-3878 LB 2

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