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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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 DANELLE VALENZUELA, Plaintiff, 6 7 8 9 Case No. 19-cv-03862-TSH ORDER TO SHOW CAUSE v. SAN FRANCISCO SALVATION ARMY REHABILITATION, AKA THE ARC, Defendant. 10 United States District Court Northern District of California 11 On July 3, 2019, Plaintiff Danelle Valenzuela filed this civil action against San Francisco 12 Salvation Army Rehabilitation, alleging discrimination on the basis of sex. As no proof of service 13 of the summons and complaint has been filed, the Court vacated the October 3, 2019 case 14 management conference and ordered Valenzuela to file a status report by October 7, 2019. ECF 15 No. 7. She failed to respond. “If a defendant is not served within 90 days after the complaint is 16 filed, the court – on motion or on its own after notice to the plaintiff – must dismiss the action 17 without prejudice against that defendant or order that service be made within a specified time.” 18 Fed. R. Civ. P. 4(m). Accordingly, the Court ORDERS Valenzuela to show cause, in writing and 19 no later than October 23, 2019, why this case should not be dismissed for failure to serve within 20 the time required by Rule 4(m). Notice is hereby provided that failure to file a written response 21 will be deemed an admission that Valenzuela does not intend to prosecute, and the case will be 22 dismissed without prejudice. Thus, it is imperative the Court receive a written response by the 23 deadline above. 24 IT IS SO ORDERED. 25 26 Dated: October 9, 2019 27 28 THOMAS S. HIXSON United States Magistrate Judge

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