Amarillas v. Midland Credit Management

Filing 27

ORDER TO SHOW CAUSE. Show Cause Response due by 5/8/2017. Signed by Judge Jon S. Tigar on April 24, 2017. (Attachments: # 1 Certificate/Proof of Service) (wsn, COURT STAFF) (Filed on 4/24/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NICOLE AMARILLAS,
Plaintiff,

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ORDER TO SHOW CAUSE

v.

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MIDLAND CREDIT MANAGEMENT, et
al.,

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United States District Court
Northern District of California

Case No.16-cv-06719-JST

Defendants.

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The complaint in this case was filed on November 21, 2016. ECF No. 1. Two of the three

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named defendants have been dismissed, but it appears that defendant Midland Credit Management

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has not even been served.
Federal Rule of Civil Procedure 4(m) instructs that “[i]f a defendant is not served within

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120 days after the complaint is filed, the court—on motion or on its own after notice to the

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plaintiff—must dismiss the action without prejudice against that defendant or order that service be

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made within a specified time.” More than 120 days have elapsed since the filing of the complaint.
Accordingly, good cause appearing, Plaintiff Amarillas is now ORDERED TO SHOW

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CAUSE why this action should not be dismissed as to Midland Credit Management pursuant to

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Federal Rule of Civil Procedure 4(m). Plaintiff shall file a written response to this order by May

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8, 2017. If Plaintiff fails to file a response, the Court will dismiss Midland Credit Management

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and direct the clerk to close the case.

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The Case Management Conference scheduled for April 26, 2017 is vacated.

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IT IS SO ORDERED.

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Dated: April 24, 2017
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JON S. TIGAR
United States District Judge

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United States District Court
Northern District of California

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