Pomponio v. Sanchez et al

Filing 10

ORDER TO SHOW CAUSE. Show Cause Response due by 5/16/2022. Signed by Magistrate Judge Sallie Kim on 5/6/2022. (mkl, COURT STAFF) (Filed on 5/6/2022)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MERYL POMPONIO, 8 Plaintiff, 9 10 United States District Court Northern District of California 11 12 Case No. 21-cv-09161-SK ORDER TO SHOW CAUSE v. ENRIQUE M. SANCHEZ, et al., Defendants. Plaintiff filed this action against three Defendants on November 28, 2021 – Enrique M. 13 Sanchez doing business as 123 Fun Jumpers, Solomon Chekol, and Merkedes Lemma. (Dkt. No. 14 1.) Plaintiff filed proofs of service for Defendants Chekol, and Lemma on January 17, 2022, but 15 has not filed any proof of service for Sanchez. (Dkt. Nos. 8, 9.) Moreover, while Lemma was 16 served personally, the proof of service states that Chekol was served by substitute service by 17 leaving copies of the summons and complaint with his wife on December 18, 2021, and by 18 mailing a copy of the summons and complaint on December 20, 2021. (Dkt. Nos. 8, 9.) The 19 Court notes that the declaration of reasonable diligence states that the service attempts for Chekol 20 were at an unspecified business address at 8:38 p.m. on a Thursday, 7:18 a.m. on a Friday, and 21 2:47 p.m. on a Saturday. The process server noted that, on the first two attempts, there was no 22 answer at the door and no activity was observed. (Dkt. No. 8.) It is not clear what the regular 23 business hours are for Sanchez’s unspecified business address. The Court notes that service 24 attempts at a business address when the business is closed would not constitute reasonably diligent 25 efforts at service. If service on Chekol was effective, pursuant to the scheduling order issued on 26 27 28 November 29, 2021, Plaintiff was required to file a notice of need for mediation by no later than April 11, 2022, for Chekol and Lemma. (Dkt. No. 6.) No Defendant has appeared yet. Nevertheless, Plaintiff has not moved for entry of default 1 against any Defendant or filed the required notice of need for mediation. Accordingly, Plaintiff is 2 HEREBY ORDERED to Show Cause in writing by no later than May 16, 2022, why this case 3 should not be dismissed for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). 4 Additionally, Plaintiff is admonished that, if he fails to file a response to this OSC by May 16, 5 2022, the Court will reassign this matter and issue a report and recommendation that this matter be 6 dismissed for failure to prosecute without any further notice. 7 8 9 10 IT IS SO ORDERED. Dated: May 6, 2022 ______________________________________ SALLIE KIM United States Magistrate Judge United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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