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)

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