Rain Design, Inc. et al v. Spinido, Inc. et al

Filing 18

ORDER TO SHOW CAUSE. Show Cause Response due by 8/27/2018. Signed by Magistrate Judge Jacqueline Scott Corley on 8/13/2018. (ahm, COURT STAFF) (Filed on 8/13/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RAIN DESIGN, INC., ET AL.,
Plaintiffs,

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United States District Court
Northern District of California

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Case No.17-cv-03681-JSC
ORDER TO SHOW CAUSE

v.
SPINIDO, INC., et al.,
Defendants.

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Plaintiffs filed this action on June 27, 2017, asserting trademark and copyright

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infringement claims as well as claims under state law. (Dkt. No. 1.) After Plaintiffs were unable

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to serve Defendants via other means, the Court granted Plaintiffs’ motion for service by publication.

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(Dkt. No. 14.) On May 24, 2018, the Court held a Case Management Conference to check in on the

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status of service because the Court had received no further communications from Plaintiffs and no

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Defendant had entered an appearance. (Dkt. Nos. 15 & 17.) Plaintiffs advised the Court that they had

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completed service by publication and intended to file a motion for default. The Court gave Plaintiffs a

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deadline of July 9, 2018 to file their proofs of service and July 23, 2018 to file a motion for entry of

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default. To date, Plaintiffs have filed neither and have not otherwise communicated with the Court.

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Accordingly, Plaintiffs are ORDERED TO SHOW CAUSE as to why this action should not be

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dismissed for failure to prosecute. Plaintiffs’ response to the Order to Cause is due August 27, 2018.

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Any response which opposes dismissal must be accompanied by the overdue proofs of service and a

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motion for entry of default. If Plaintiffs fail to respond to this Order the Court will reassign this action

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to a district judge and recommend that the action be dismissed for failure to prosecute. See Fed. R.

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Civ. Pro. 41(b).

IT IS SO ORDERED.
Dated: August 13, 2018

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JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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United States District Court
Northern District of California

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