Dye v. United States Government
Filing
9
ORDER TO SHOW CAUSE. Case Management Statement due by 9/5/2017. Initial Case Management Conference set for 9/12/2017 01:30 PM. Show Cause Response due by 6/16/2017. Signed by Judge Kandis A. Westmore on 5/26/2017. (kawlc2, COURT STAFF) (Filed on 5/26/2017) (Additional attachment(s) added on 5/26/2017: # 1 Certificate/Proof of Service) (sisS, COURT STAFF).
1
2
3
4
UNITED STATES DISTRICT COURT
5
NORTHERN DISTRICT OF CALIFORNIA
6
7
JAMES L. DYE,
Plaintiff,
8
UNITED STATES GOVERNMENT,
Defendant.
United States District Court
Northern District of California
11
12
ORDER TO SHOW CAUSE
v.
9
10
Case No. 16-cv-06882-KAW
On November 30, 2016, Plaintiff James L. Dye filed the instant suit against Defendant
13
United States Government, asserting an injury based on a fall he suffered at the Oakland federal
14
building. (Dkt. No. 1 at 4.) Federal Rule of Civil Procedure 4(m) states:
15
If a defendant is not served within 90 days after the complaint is
filed, the court -- on motion or on its own after notice to the plaintiff
-- must dismiss the action without prejudice against that defendant
or order that service be made within a specified time. But if the
plaintiff shows good cause for the failure, the court must extend the
time for service for an appropriate period.
16
17
18
19
As of the date of this order, Plaintiff has yet to file a proof of service that the complaint has
20
been served on Defendant. Accordingly, Plaintiff is ORDERED TO SHOW CAUSE, in writing,
21
by no later than June 16, 2017, why Plaintiff's case should not be dismissed for failure to serve the
22
complaint. The initial case management conference set for May 30, 2017 is CONTINUED to
23
September 12, 2017 at 1:30 p.m. The case management conference statement is due by September
24
5, 2017.
25
26
27
28
IT IS SO ORDERED.
Dated: May 26, 2017
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?