A.C.L. Computers and Software,Inc. v. UNITED STATES OF AMERICA

Filing 8

ORDER TO SHOW CAUSE AND VACATING CASE MANAGEMENT CONFERENCE. Show Cause Response due by 6/30/2016. Signed by Magistrate Judge Sallie Kim on 6/23/2016. (mklS, COURT STAFF) (Filed on 6/23/2016) Modified on 6/23/2016 (mklS, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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A.C.L. COMPUTERS AND SOFTWARE,
INC.,
Plaintiff,

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ORDER TO SHOW CAUSE AND
VACATING CASE MANAGEMENT
CONFERENCE

v.
UNITED STATES OF AMERICA,
Defendant.

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United States District Court
Northern District of California

Case No. 16-cv-01485-SK

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On March 25, 2016, Plaintiff A.C.L. Computers and Software, Incorporated (“A.C.L.”)

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filed this complaint against the United States. Pursuant to Federal Rule of Civil Procedure 4(m)

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(“FRCP 4(m)”), A.C.L. was required to serve the United States by today, which is ninety days

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from the date the complaint was filed.

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A.C.L. stated in a case management statement filed on June 22, 2016:

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An employee who is no longer with the Plaintiff’s attorney’s law
firm claims to have served the summons and complaint, but failed to
prepare and file a proof of service. If the summons and complaint
were in fact served, Plaintiff will obtain and file a proof of service
from the person who served the summons and complaint.

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(Dkt. 7 at 3.)

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The Court HEREBY ORDERS A.C.L. to Show Cause why this action should not be

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dismissed without prejudice for failure to serve the complaint within ninety days as required by

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FRCP 4(m). A.C.L. shall respond in writing to this Order by no later than June 30, 2016. By June

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30, 2016, A.C.L. may either file a proof of service showing that the complaint was served by June

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23, 2016 or demonstrate good cause why the time for service should be extended.

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If Plaintiff does not demonstrate timely proof of service or good cause for an extension

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pursuant to FRCP 4(m), Plaintiff is admonished that this action will be dismissed without

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prejudice without further notice. The Court HEREBY VACATES the case management

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conference and will reset it at a later date, if necessary.

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IT IS SO ORDERED.
Dated: June 23, 2016
______________________________________
SALLIE KIM
United States Magistrate Judge

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United States District Court
Northern District of California

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