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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

United States District Court
Northern District of California

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WILLIAM J. WHITSITT,

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Case No. 3:16-cv-0797-LB

Plaintiff,

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ORDER TO SHOW CAUSE

v.
TELSA MOTORS, et al.,
Defendants.

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On February 17, 2016, the plaintiff William Whitsitt filed a complaint charging that the

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defendants discriminated against him based on his age when they failed to hire him. (See ECF No.

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1.) On February 23, the court granted Mr. Whitsitt’s request to proceed in forma pauperis,

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authorized service by the United States Marshal, and directed the plaintiff to provide the addresses

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for the defendants within seven days to enable the Marshal to complete service. (See ECF No. 6.)

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Mr. Whitsitt did not provide the addresses. On June 3, 2016, the court again ordered Mr. Whitsitt

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to provide addresses for the defendants and gave him until June 13 to do so. (See ECF No. 11.)

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The court warned him that if he did not provide addresses, he risked dismissal of his case without

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prejudice for failing to prosecute it. (See ECF No. 11.) He did not provide the addresses for the

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defendants; as a result, the Marshal is unable to serve them with notice of the lawsuit.

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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)

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must dismiss the case without prejudice or order that service be made within a specified time. Fed.

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R. Civ. P. 4(m). The court will extend the period for service if a plaintiff shows good cause for

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failure to serve a defendant within Rule 4(m)’s time for service. Id.

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Here, Mr. Whitsitt has the responsibility to provide the court with addresses to serve the

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defendants. If he does not do that, the Marshal cannot serve the complaint, the defendants thus will

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not have notice that Mr. Whitsitt sued them, and the lawsuit cannot go forward. The court again

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orders Mr. Whitsitt to provide the addresses for the defendants and gives him until July 14 to

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either file the addresses or tell the court why he cannot. If Mr. Whitsitt does not provide the

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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.

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United States District Court
Northern District of California

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Whitsitt to show cause why he has not filed the addresses. If Mr. Whitsitt files the addresses by

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July 14, the court will vacate the hearing.

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IT IS SO ORDERED.

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Dated: June 28, 2016

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__________________________
LAUREL BEELER
United States Magistrate Judge

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ORDER (No. 3:16-cv-0797-LB)

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