Cabusas et al v. Kay-Co Investment, Inc. et al

Filing 13

ORDER TO SHOW CAUSE. Order to Show Cause Hearing set for 7/26/2012 02:00 PM. Signed by Judge Phyllis J. Hamilton on 7/5/12. (Attachments: # 1 Certificate/Proof of Service)(nah, COURT STAFF) (Filed on 7/5/2012)

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 5 NORMA CABUSAS AND JOSEPH ARINDAENG, 6 7 Plaintiff(s), v. 8 ORDER TO SHOW CAUSE KAY-CO INVESTMENT, ONC., et al., 9 No. C 12-1133 PJH Defendant(s). ___________________________________/ 10 11 The complaint in this matter was filed on March 7, 2012, and on the same date an 12 order was filed setting an initial case management conference for June 22, 2012. This case 13 was reassigned to the undersigned judge on April 2, 2012 following plaintiffs’ declination to 14 consent to the magistrate judge’s jurisdiction. On April 4, 2012 the case management 15 conference was set on the undersigned’s calendar for July 5, 2012. Plaintiffs failed to file a 16 case management statement and both failed to appear as ordered at the case 17 management conference on July 5, 2012. No defendant appeared and it does not appear 18 from the docket that any of the twelve defendants has been served. 19 THE COURT hereby issues an ORDER TO SHOW CAUSE why plaintiffs’ claims 20 should not be dismissed for failure to prosecute, pursuant to Fed. R. Civ. P. 41(b) and for 21 failure to serve defendants within 120 days of filing the complaint as required by Fed. R. 22 Civ. P. 4(m). 23 The hearing on the order to show cause will be held on July 26, 2012 at 2:00 p.m., at 24 the Federal Courthouse at 1301 Clay Street, Oakland, California, Courtroom 3. If plaintiffs 25 fail to appear, the case will be dismissed for failure to prosecute. 26 27 28 IT IS SO ORDERED. Dated: July 5, 2012 ______________________________ PHYLLIS J. HAMILTON United States District Judge

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