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