Moralez v. Little Madfish

Filing 9

ORDER TO SHOW CAUSE. Order to Show Cause Hearing set for 2/16/2017 11:00 AM. Show Cause Response due by 2/9/2017. The plaintiff filed a complaint against the defendant on September 26, 2016. (Complaint, ECF No. 1.) Under the scheduling order a t ECF No. 3, the date for completing service was November 25, 2016. Because the plaintiff did not file proof of service, on December 30, 2016 the court asked for an update by January 6, 2017. (ECF No. 7.) After receiving no word, the court again aske d the plaintiff to update the court about service no later than February 2, 2017. (ECF No. 8.) On both occasions, the court warned that absent a showing of good cause, failing to timely serve a case can result in the case being dismissed without prej udice under Federal Rule of Civil Procedure 4(m). To date, the plaintiff has filed no proof that the defendant has been served or provided an explanation about why there is good cause for not serving it. (See generally Docket.) Accordingly, the co urt sets a hearing on February 16, 2017, at 11 a.m., for the plaintiff to show cause why the case should not be dismissed under Rule 4(m) without prejudice for failure to serve the defendant. The plaintiff must file a written response by February 9, 2017. (Beeler, Laurel) (Filed on 2/6/2017)

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
12

FRANCISCA MORALEZ,
Plaintiff,

13
14
15
16

v.

Case No. 16-cv-05480-LB
ORDER TO SHOW CAUSE FOR
FAILURE TO PROSECUTE

LITTLE MADFISH,
Defendant.

17
18

The plaintiff filed a complaint against the defendant on September 26, 2016. (Complaint, ECF

19

No. 1.) Under the scheduling order at ECF No. 3, the date for completing service was November

20

25, 2016. Because the plaintiff did not file proof of service, on December 30, 2016 the court asked

21

for an update by January 6, 2017. (ECF No. 7.) After receiving no word, the court again asked the

22

plaintiff to update the court about service no later than February 2, 2017. (ECF No. 8.) On both

23

occasions, the court warned that absent a showing of good cause, failing to timely serve a case can

24

result in the case being dismissed without prejudice under Federal Rule of Civil Procedure 4(m).

25

To date, the plaintiff has filed no proof that the defendant has been served or provided an

26

explanation about why there is good cause for not serving it. (See generally Docket.)

27

Accordingly, the court sets a hearing on February 16, 2017, at 11 a.m., for the plaintiff to show

28

cause why the case should not be dismissed under Rule 4(m) without prejudice for failure to serve
ORDER — No. 16-cv-05480-LB