Johnson v. KPA, Inc.

Filing 12


Download PDF
Case 3:20-cv-08083-SI Document 12 Filed 09/08/21 Page 1 of 1 1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 SCOTT JOHNSON, Plaintiff, 6 7 8 9 Case No. 20-cv-08083-SI ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE v. KPA, INC., Defendant. 10 United States District Court Northern District of California 11 This case was filed on November 17, 2020. The next day, the Court issued a Scheduling 12 Order for Cases Asserting Denial of Right to Access Under Americans with Disabilities Act Title II 13 & III. Dkt. No. 6. Pursuant to that Scheduling Order, by January 19, 2021 (60 days after the 14 complaint was filed) plaintiff was required to either complete service or file a motion for 15 administrative relief from the deadline. 16 On July 27, 2021, a proof of service was filed, stating that the complaint, summons and other 17 documents were served in December 2020. Dkt. No. 11. The proof of service states that defendant 18 was served through substitute service on a “John Doe – Clerk” and by mail on defendant’s agent for 19 service of process. No answer has been filed, and no action has been taken in this case since July 20 27. There is no explanation in the docket as to why, if service was completed in December 2020, 21 the proof of service was not filed until July 2021. Further, it is not clear from the record if service 22 was effective. Accordingly, plaintiff is ORDERED TO SHOW CAUSE in writing no later 23 September 16, 2021, why this case should not be dismissed for failure to prosecute. 24 25 26 27 28 IT IS SO ORDERED. Dated: September 8, 2021 ______________________________________ SUSAN ILLSTON United States District Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?