Palacios v. Cosco Home and Office Products, Inc.

Filing 41

ORDER TO SHOW CAUSE. Plaintiff to file written response within 14 days. Signed by Judge Kandis A. Westmore on 09/02/2015. (kawlc2S, COURT STAFF) (Filed on 9/2/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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VICTOR PALACIOS,

Case No. 14-cv-04066-KAW

Plaintiff,
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v.

ORDER TO SHOW CAUSE

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COSCO HOME AND OFFICE
PRODUCTS, INC., et al.,
Defendants.

United States District Court
Northern District of California

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Plaintiff Victor Palacios commenced the above-captioned case in Alameda County

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Superior Court on May 2, 2014. (Notice of Removal, Ex. A, Dkt. No. 1.) Ameriwood Industries,

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Inc., improperly named as Cosco Home and Office Products, removed the action to this Court on

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September 8, 2014. (Id.)

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Federal Rule of Civil Procedure 4(m) provides that "[i]f a defendant is not served 120 days

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after the complaint is filed, the court . . . must dismiss the action without prejudice against the

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defendant . . . ." In this case, the deadline for service of the summons and complaint was January

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6, 2015. See California Practice Guide: Federal Civil Procedure Before Trial, Ch. 2D-9, § 2:3567

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(2015) ("The 120-day time limit on service of summons runs from the date the notice of removal

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was filed in federal court (rather than from when the action was commenced in state court) . . . .").

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As of the filing of this order to show cause, Plaintiff has not served any of the named defendants.

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Accordingly, the Court hereby orders Plaintiff to show cause why the Court should not

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dismiss this case against the named defendants, other than Ameriwood Industries, who has

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voluntarily appeared, as required by Federal Rule of Civil Procedure 4(m). Plaintiff shall file a

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written response to this order to show cause within 14 days.

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IT IS SO ORDERED.
Dated: 09/02/2015
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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United States District Court
Northern District of California

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