Mahaffery v. AFS International LLC

Filing 11

ORDER TO SHOW CAUSE RE: FAILURE TO SERVE; SETTING COMPLIANCE HEARING; AND SETTING CASE MANAGEMENT CONFERENCE. Show Cause Response due by 7/1/2016. Compliance Hearing set for Friday, 7/8/2016 09:01 AM before Hon. Yvonne Gonzalez Rogers.Initial Case Management Conference set for Monday, 7/25/2016 02:00 PM in Courtroom 1, 4th Floor, Oakland. Signed by Judge Yvonne Gonzalez Rogers on 6/17/16. (fs, COURT STAFF) (Filed on 6/17/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TYRUS MAHAFFERY,

Case No. 16-cv-01273-YGR

Plaintiff,
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v.
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AFS INTERNATIONAL LLC,
Defendant.

ORDER TO SHOW CAUSE RE: FAILURE TO
SERVE; SETTING COMPLIANCE; AND
SETTING CASE MANAGEMENT
CONFERENCE

United States District Court
Northern District of California

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TO PLAINTIFF’S COUNSEL OF RECORD:
You are hereby ORDERED TO SHOW CAUSE why this action should not be dismissed for
failure to prosecute and to follow the Federal Rules of Civil Procedure and this Court’s Civil

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Local Rules.
Plaintiff filed the present lawsuit on March 15, 2016. Plaintiff has not yet filed proof of

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service upon defendant AFS International LLC. Pursuant to Federal Rule of Civil Procedure

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4(m), plaintiff was required to serve Defendant with a summons and complaint within 90 days

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from the date the lawsuit was filed, or June 13, 2016.

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The Court SETS a compliance hearing for July 8, 2016, on the 9:01 a.m. calendar, United

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States Courthouse, 1301 Clay Street, Oakland, California, in Courtroom 1. No later than July 1,
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2016, plaintiff must file either: (i) proof of service of the complaint upon defendant; or (ii) a

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motion for additional time in which to serve defendant, explaining good cause reasons for failure

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to serve defendant within the required time.

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If plaintiff fails to comply with this order timely, the Court may dismiss this action for
failure to prosecute. If plaintiff files the information timely, the Court may vacate the compliance

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hearing and no personal appearance will be required.
The Court SETS the initial case management conference for Monday, July 25, 2016, at
2:00 p.m. at the United States District Court, 1301 Clay Street, Oakland, in Courtroom 1.
The parties shall file a joint case management conference statement no later than July 18,
2016. The statement must include all elements requested in the “Standing Order for All Judges of
the Northern District of California – Contents of Joint Case Management Statement.”

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As set forth in the Court’s Standing Order in Civil Cases, these conferences are intended to
be substantive and productive. Accordingly, each party shall be represented at the Case
Management Conference by counsel with authority to enter into stipulations and make admissions

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United States District Court
Northern District of California

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pursuant to Fed. R. Civ. P. 16(a) and (c), as well as fully prepared to address all of the matters

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referred to in the CAND CMC Order and Civil L.R. 16-10(b). Failure to do so may result in

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sanctions.

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IT IS SO ORDERED.
Dated: June 17, 2016
______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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