McCarthy v. Hemberger et al

Filing 7

SECOND ORDER TO SHOW CAUSE. Show Cause Response due by 9/1/2017. Signed by Judge Kandis A. Westmore on 8/24/2017. (kawlc2, COURT STAFF) (Filed on 8/24/2017)

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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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SECOND ORDER TO SHOW CAUSE

v.

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Re: Dkt. No. 6

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YVONNE M HEMBERGER, et al.,
Defendants.

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United States District Court
Northern District of California

Case No. 17-cv-01932-KAW

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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.1 (Dkt. No. 6.) Plaintiff's response was due on August 15, 2017;

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as of the date of this order, Plaintiff has not filed a response.
Accordingly, the Court ORDERS Plaintiff to show cause why this matter should not be

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dismissed for failure to comply with the Court's order and for failure to comply with the deadline

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to complete service. Failure to file a response by September 1, 2017 may result in the

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recommendation that the instant case be dismissed for failure to prosecute.
IT IS SO ORDERED.

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Dated: August 24, 2017
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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The order to show cause erroneously stated that Plaintiff had until July 6, 2017 to complete
service, as the deadline to complete service was in fact June 6, 2017. (Dkt. No. 4; see also Gen.
Ord. No. 56 ¶ 1.) Regardless, Plaintiff has not filed a proof of service that the complaint and
summons were served in compliance with either deadline.