Valenzuela v. San Francisco Salvation Army Rehabilitation, aka the ARC

Filing 8

ORDER TO SHOW CAUSE: Show Cause Response due by 10/23/2019. Signed by Judge Thomas S. Hixson on 10/9/2019. (cdnS, COURT STAFF) (Filed on 10/9/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DANELLE VALENZUELA,
Plaintiff,

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Case No. 19-cv-03862-TSH
ORDER TO SHOW CAUSE

v.
SAN FRANCISCO SALVATION ARMY
REHABILITATION, AKA THE ARC,
Defendant.

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United States District Court
Northern District of California

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On July 3, 2019, Plaintiff Danelle Valenzuela filed this civil action against San Francisco

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Salvation Army Rehabilitation, alleging discrimination on the basis of sex. As no proof of service

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of the summons and complaint has been filed, the Court vacated the October 3, 2019 case

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management conference and ordered Valenzuela to file a status report by October 7, 2019. ECF

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No. 7. She failed to respond. “If a defendant is not served within 90 days after the complaint is

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filed, the court – on motion or on its own after notice to the plaintiff – must dismiss the action

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without prejudice against that defendant or order that service be made within a specified time.”

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Fed. R. Civ. P. 4(m). Accordingly, the Court ORDERS Valenzuela to show cause, in writing and

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no later than October 23, 2019, why this case should not be dismissed for failure to serve within

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the time required by Rule 4(m). Notice is hereby provided that failure to file a written response

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will be deemed an admission that Valenzuela does not intend to prosecute, and the case will be

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dismissed without prejudice. Thus, it is imperative the Court receive a written response by the

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deadline above.

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IT IS SO ORDERED.

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Dated: October 9, 2019

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THOMAS S. HIXSON
United States Magistrate Judge