Kihagi v. City of San Francisco

Filing 37

ORDER TO SHOW CAUSE. Response due within 14 days. Hearing on motion to stay continued to 1/21/2016 at 11:00 AM. Signed by Judge Kandis A. Westmore on 11/24/15. (kawlc2S, COURT STAFF) (Filed on 11/24/2015)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

ANNA KIHAGI, et al.,

Case No. 15-cv-01168-KAW

Plaintiffs,
8
v.

ORDER TO SHOW CAUSE

9
10

United States District Court
Northern District of California

11

CITY OF SAN FRANCISCO,
CALIFORNIA, et al.,

Re: Dkt. No. 1

Defendants.

12
13

On March 12, 2015, Plaintiffs Anna Kihagi, Xelan Prop 1, LLC, Renka Prop, LLC, and

14

Zoriall LLC commenced the above-captioned case against the City of San Francisco and city

15

employees Victoria L. Weatherford and Michael Weiss. Plaintiffs filed an amended complaint on

16

May 18, 2015. In the amended complaint, the City and four city employees, Victoria L.

17

Weatherford, Michael Weiss, Tony Pelea, and Maricio Hernandez, are named as Defendants.

18

On June 30, 2015, the City filed a motion to stay the action pending resolution of parallel

19

state court proceedings. The Court has twice continued the hearing on the motion because the

20

individual defendants have not been served in the case. As of the filing of this order, Plaintiffs

21

have not filed a certificate of service showing that the individual defendants have been served.

22

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

23

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

24

defendant . . . ." As that 120-day period has elapsed without Plaintiffs filing a certificate of

25

service showing that the individual defendants have been served, the Court hereby orders Plaintiffs

26

to show cause why the Court should not dismiss this case as against the individual defendants

27

pursuant to Federal Rule of Civil Procedure 4(m). Plaintiff shall file a written response to this

28

order to show cause within 14 days. The motion hearing currently set for December 3, 2015 is

1

CONTINUED to January 21, 2016 pending resolution of these service issues.
IT IS SO ORDERED.

2
3

Dated:

11/24/15

__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

4
5
6
7
8
9
10

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