McCarthy v. Hemberger et al
Filing
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FOURTH ORDER TO SHOW CAUSE. Show Cause Response due by 12/22/2017. Signed by Judge Kandis A. Westmore on 12/12/2017. (kawlc2, COURT STAFF) (Filed on 12/12/2017)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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ROBERT MCCARTHY,
Plaintiff,
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United States District Court
Northern District of California
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Case No. 17-cv-01932-KAW
FOURTH ORDER TO SHOW CAUSE
v.
Re: Dkt. No. 14
MICHAEL TIEN, et al.,
Defendants.
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On August 2, 2017, the Court issued an order to show cause, requiring Plaintiff McCarthy
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to explain why the case should not be dismissed for failure to comply with the deadline to
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complete service on Defendant. (Dkt. No. 6.) Plaintiff's response was due on August 15, 2017;
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Plaintiff did not file a response.
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On August 24, 2017, the Court issued a second order to show cause, requiring Plaintiff
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McCarthy to explain why the case should not be dismissed for failure to comply with the Court's
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order and for failure to comply with the deadline to complete service. (Dkt. No. 7.) On August
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28, 2017, Plaintiff filed a response, stating that Defendant Michael Tien was served on April 27,
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2017, but that additional time was needed to serve Defendant Yvonne M. Hemberger and the
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Hemberger Family Trust. (Dkt. No. 8.) Plaintiff requested 45 days to serve the summons and
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complaint on Defendant Hemberger Family Trust. That same day, Plaintiff filed the executed
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summons as to Defendant Tien, as well as an amended complaint adding Defendant Dana Devoto
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Hemberger as Trustee and removing Defendant Yvonne M. Hemberger. (Dkt. No. 9; First
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Amended Compl. ("FAC"), Dkt. No. 10.) In light of Plaintiff's filing, the Court discharged the
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order to show cause and extended the time to serve the Hemberger Family Trust by 45 days, or
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October 26, 2017.
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Plaintiff did not file a proof of service indicating that the complaint was served on
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Defendant Hemberger Family Trust. On November 28, 2017, the Court issued a third order to
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show cause, ordering Plaintiff to, by December 8, 2017, show cause why the case should not be
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dismissed as to Defendant Hemberger Family Trust for failure to comply with the deadline to
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complete service on Defendant or to file a Motion for Administrative Relief. (Dkt. No. 14.)
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As of the date of this order, Plaintiff has failed to file a response to the order to show
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cause. Accordingly, the Court ORDERS Plaintiff to show cause, by December 22, 2017: (1) why
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Plaintiff failed to comply with the November 28, 2017 order to show cause, and (2) why the case
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against Defendant Hemberger Family Trust should not be dismissed for failure to serve.
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United States District Court
Northern District of California
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IT IS SO ORDERED.
Dated: December 12, 2017
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge
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