Chavez v. Bank of America Corporation

Filing 10

ORDER Discharging 6 Order to Show Cause. Signed by Judge Kandis A. Westmore on 12/16/15. (kawlc2S, COURT STAFF) (Filed on 12/16/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LUCIA B. CHAVEZ,

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Case No. 15-cv-02756-KAW

Plaintiff,
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v.

ORDER DISCHARGING ORDER TO
SHOW CAUSE

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BANK OF AMERICA CORPORATION,

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Defendant.

United States District Court
Northern District of California

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This action was filed on June 18, 2015. (Compl., Dkt. No. 1.) Pursuant to Rule 4(m) of the

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Federal Rules of Civil Procedure, Plaintiff has 120 days to complete service of the complaint and

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summons on Defendant, such that October 16, 2015 was the last day to complete service. The

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Case Management Conference (CMC) originally scheduled for September 22, 2015 was continued

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to December 1, 2015, because Defendant had not been served 7 days prior to the original CMC

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date. (Clerk's Notice, Dkt. No. 5.) As of November 30, 2015, Plaintiff had not filed a certificate

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of service showing that Defendant was served. Nor had a summons been issued in this case.

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In light of this, the Court ordered Plaintiff to show cause why this matter should not be

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dismissed for failure to comply with the deadline set forth in Rule 4(m).1 Plaintiff was to file a

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written response to the order to show cause by December 14, 2015.

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Plaintiff timely filed a written response.2 Having reviewed the response, the Court finds

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good cause to extend the deadline for service of the summons and complaint. Within 30 days of

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Federal Rule of Civil Procedure 4(m) provides that "[i]f a defendant is not served 120 days after
the complaint is filed, the court . . . must dismiss the action without prejudice against the
defendant . . . ." It should be noted that effective December 1, 2015, the time for service was
reduced from 120 days to 90 days.
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Plaintiff also filed her consent to magistrate judge jurisdiction pursuant to 28 U.S.C. § 636(c).

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this order, Plaintiff shall serve Defendant, and she shall promptly file proof of such service with

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the Court. The Court's order to show cause is hereby DISCHARGED.

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IT IS SO ORDERED.
Dated: 12/16/15
______________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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United States District Court
Northern District of California

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