Geller et al v. Steiny and Company Inc

Filing 7

ORDER TO SHOW CAUSE. Case Management Conference continued to 12/29/2015 at 01:30 PM. Case Management Statement due by 12/22/2015. Signed by Judge Kandis A. Westmore on 09/30/2015. (kawlc2S, COURT STAFF) (Filed on 9/30/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MIKE GELLER, et al.,

Case No. 15-cv-01452-KAW

Plaintiffs,
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v.

ORDER TO SHOW CAUSE

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STEINY AND COMPANY INC,

Re: Dkt. No. 1

Defendant.

United States District Court
Northern District of California

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Plaintiffs Mike Geller and Ronald Bennett commenced the above-captioned case on March

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30, 2015. (Compl., Dkt. No. 1.) The initial case management conference was set for June 30,

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2015. (Scheduling Order, Dkt. No. 3.) On June 19, 2015, the Court, sua sponte, continued the

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initial case management conference to August 11, 2015 because Plaintiffs had not filed a

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certificate of service showing that the Defendant had been served with a copy of the summons and

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complaint. Because no certificate of service was on file by July 30, 2015, the Court once again

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continued the initial case management conference. That is currently on calendar for October 13,

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2015.

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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 July 28,

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2015. As of the filing of this order, however, Plaintiffs have not filed a certificate of service

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indicating that the defendant has been served.

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Accordingly, the Court hereby orders Plaintiffs to show cause why this case should not be

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dismissed for failure to serve the summons and complaint as required by Federal Rule of Civil

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Procedure 4(m). Plaintiff shall file a written response to this order to show cause by October 13,

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2015. Failure to file a response to this order may result in dismissal of this action.
The case management conference currently set for October 13, 2015 is continued to
December 29, 2015 at 1:30 p.m.
IT IS SO ORDERED.
Dated: 09/30/2015
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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United States District Court
Northern District of California

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