Stephen Fantl et al v. David Glenwinkel et al
Filing
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SECOND ORDER TO SHOW CAUSE to Plaintiffs. Show Cause Response due by 11/8/2017. Initial Case Management Conference continued to 1/16/2018 01:30 PM. Case Management Statement due by 1/9/2018. Signed by Judge Kandis A. Westmore on 10/23/2017. (kawlc1, COURT STAFF) (Filed on 10/23/2017)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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STEPHEN FANTL, ET AL.,
Plaintiffs,
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United States District Court
Northern District of California
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v.
Case No. 4:17-cv-02033-KAW
SECOND ORDER TO SHOW CAUSE;
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE
DAVID GLENWINKEL, et al.,
Defendants.
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This action was filed on April 12, 2017. (Dkt. No. 1.) Pursuant to Rule 4(m) of the Federal
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Rules of Civil Procedure, Plaintiffs had 90 days to complete service of the complaint and
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summons on Defendants, such that July 11, 2017 was the last day to complete service or to file a
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Motion for Administrative Relief from the deadline pursuant to Civil L.R. 7-11. On August 8,
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2017, the Court issued an order to show cause to Plaintiffs to explain, by August 22, 2017, why
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this matter should not be dismissed for failure to comply with the deadline to complete service.
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(Dkt. No. 9.) On August 23, 2017 (one day late), Plaintiffs responded to the order to show cause
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and requested that the deadline be extended to September 8, 2017. (Dkt. No. 10.) The undersigned
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granted the extension and discharged the order to show cause on August 25, 2017. (Dkt. No. 12.)
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To date, no certificate of service has been filed nor have Plaintiffs sought leave of court for a
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further extension of time to complete service. Furthermore, Plaintiffs did not file a case
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management statement in advance of the October 24, 2017 case management conference nor did
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they request that the case management conference be continued.
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Accordingly, by no later than November 8, 2017, Plaintiffs shall show cause, in writing,
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why this matter should not be dismissed for failure to comply with the deadline to complete
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service on Defendants or to file a Motion for Administrative Relief, and Plaintiffs’ counsel shall
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explain why he should not pay monetary sanctions in the amount of $500 for his repeated failure
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to comply with the court’s deadlines. Also by November 8, 2017, Plaintiffs shall complete service
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on Defendants and file a certificate of service on the docket. The failure to comply with these
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deadlines may result in the case being dismissed for failure to prosecute.
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Additionally, the Case Management Conference scheduled for October 24, 2017 is
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continued to January 16, 2018. The joint case management conference statement is due on or
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before January 9, 2018.
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IT IS SO ORDERED.
Dated: October 23, 2017
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KANDIS A. WESTMORE
United States Magistrate Judge
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United States District Court
Northern District of California
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