Whitsitt v. Tesla Motors Inc. et al

Filing 13

ORDER TO SHOW CAUSE: Order to Show Cause Hearing set for 7/21/2016 at 11:00 AM. Show Cause Response due by 7/14/2016. Signed by Magistrate Judge Laurel Beeler on 6/28/2016. (Attachments: # 1 Certificate/Proof of Service)(lsS, COURT STAFF) (Filed on 6/28/2016)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION United States District Court Northern District of California 11 WILLIAM J. WHITSITT, 13 14 15 Case No. 3:16-cv-0797-LB Plaintiff, 12 ORDER TO SHOW CAUSE v. TELSA MOTORS, et al., Defendants. 16 17 On February 17, 2016, the plaintiff William Whitsitt filed a complaint charging that the 18 defendants discriminated against him based on his age when they failed to hire him. (See ECF No. 19 1.) On February 23, the court granted Mr. Whitsitt’s request to proceed in forma pauperis, 20 authorized service by the United States Marshal, and directed the plaintiff to provide the addresses 21 for the defendants within seven days to enable the Marshal to complete service. (See ECF No. 6.) 22 Mr. Whitsitt did not provide the addresses. On June 3, 2016, the court again ordered Mr. Whitsitt 23 to provide addresses for the defendants and gave him until June 13 to do so. (See ECF No. 11.) 24 The court warned him that if he did not provide addresses, he risked dismissal of his case without 25 prejudice for failing to prosecute it. (See ECF No. 11.) He did not provide the addresses for the 26 defendants; as a result, the Marshal is unable to serve them with notice of the lawsuit. 27 28 Under Federal Rule of Civil Procedure 4(m), a plaintiff has 90 days after he files a complaint to serve the defendant. If a plaintiff does not serve the defendant within 90 days, then the court ORDER (No. 3:16-cv-0797-LB) 1 must dismiss the case without prejudice or order that service be made within a specified time. Fed. 2 R. Civ. P. 4(m). The court will extend the period for service if a plaintiff shows good cause for 3 failure to serve a defendant within Rule 4(m)’s time for service. Id. 4 Here, Mr. Whitsitt has the responsibility to provide the court with addresses to serve the 5 defendants. If he does not do that, the Marshal cannot serve the complaint, the defendants thus will 6 not have notice that Mr. Whitsitt sued them, and the lawsuit cannot go forward. The court again 7 orders Mr. Whitsitt to provide the addresses for the defendants and gives him until July 14 to 8 either file the addresses or tell the court why he cannot. If Mr. Whitsitt does not provide the 9 addresses or an explanation that establishes good cause for not doing so, the court will dismiss his case without prejudice under Rule 4(m). The court sets a hearing for July 21 at 11 a.m. for Mr. 11 United States District Court Northern District of California 10 Whitsitt to show cause why he has not filed the addresses. If Mr. Whitsitt files the addresses by 12 July 14, the court will vacate the hearing. 13 IT IS SO ORDERED. 14 Dated: June 28, 2016 15 __________________________ LAUREL BEELER United States Magistrate Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER (No. 3:16-cv-0797-LB) 2

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