Johnson v. KPA, Inc.

Filing 12

ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE (Illston, Susan) (Filed on 9/8/2021)

Case 3:20-cv-08083-SI Document 12 Filed 09/08/21 Page 1 of 1

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SCOTT JOHNSON,
Plaintiff,

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Case No. 20-cv-08083-SI
ORDER TO SHOW CAUSE WHY
CASE SHOULD NOT BE DISMISSED
FOR FAILURE TO PROSECUTE

v.
KPA, INC.,
Defendant.

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United States District Court
Northern District of California

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This case was filed on November 17, 2020. The next day, the Court issued a Scheduling

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Order for Cases Asserting Denial of Right to Access Under Americans with Disabilities Act Title II

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& III. Dkt. No. 6. Pursuant to that Scheduling Order, by January 19, 2021 (60 days after the

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complaint was filed) plaintiff was required to either complete service or file a motion for

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administrative relief from the deadline.

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On July 27, 2021, a proof of service was filed, stating that the complaint, summons and other

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documents were served in December 2020. Dkt. No. 11. The proof of service states that defendant

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was served through substitute service on a “John Doe – Clerk” and by mail on defendant’s agent for

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service of process. No answer has been filed, and no action has been taken in this case since July

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27. There is no explanation in the docket as to why, if service was completed in December 2020,

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the proof of service was not filed until July 2021. Further, it is not clear from the record if service

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was effective. Accordingly, plaintiff is ORDERED TO SHOW CAUSE in writing no later

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September 16, 2021, why this case should not be dismissed for failure to prosecute.

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IT IS SO ORDERED.
Dated: September 8, 2021

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SUSAN ILLSTON
United States District Judge