Stephen Fantl et al v. David Glenwinkel et al

Filing 13

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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 STEPHEN FANTL, ET AL., Plaintiffs, 8 9 10 United States District Court Northern District of California 11 v. Case No. 4:17-cv-02033-KAW SECOND ORDER TO SHOW CAUSE; ORDER CONTINUING CASE MANAGEMENT CONFERENCE DAVID GLENWINKEL, et al., Defendants. 12 13 This action was filed on April 12, 2017. (Dkt. No. 1.) Pursuant to Rule 4(m) of the Federal 14 Rules of Civil Procedure, Plaintiffs had 90 days to complete service of the complaint and 15 summons on Defendants, such that July 11, 2017 was the last day to complete service or to file a 16 Motion for Administrative Relief from the deadline pursuant to Civil L.R. 7-11. On August 8, 17 2017, the Court issued an order to show cause to Plaintiffs to explain, by August 22, 2017, why 18 this matter should not be dismissed for failure to comply with the deadline to complete service. 19 (Dkt. No. 9.) On August 23, 2017 (one day late), Plaintiffs responded to the order to show cause 20 and requested that the deadline be extended to September 8, 2017. (Dkt. No. 10.) The undersigned 21 granted the extension and discharged the order to show cause on August 25, 2017. (Dkt. No. 12.) 22 To date, no certificate of service has been filed nor have Plaintiffs sought leave of court for a 23 further extension of time to complete service. Furthermore, Plaintiffs did not file a case 24 management statement in advance of the October 24, 2017 case management conference nor did 25 they request that the case management conference be continued. 26 Accordingly, by no later than November 8, 2017, Plaintiffs shall show cause, in writing, 27 why this matter should not be dismissed for failure to comply with the deadline to complete 28 service on Defendants or to file a Motion for Administrative Relief, and Plaintiffs’ counsel shall 1 explain why he should not pay monetary sanctions in the amount of $500 for his repeated failure 2 to comply with the court’s deadlines. Also by November 8, 2017, Plaintiffs shall complete service 3 on Defendants and file a certificate of service on the docket. The failure to comply with these 4 deadlines may result in the case being dismissed for failure to prosecute. 5 Additionally, the Case Management Conference scheduled for October 24, 2017 is 6 continued to January 16, 2018. The joint case management conference statement is due on or 7 before January 9, 2018. 8 9 IT IS SO ORDERED. Dated: October 23, 2017 __________________________________ KANDIS A. WESTMORE United States Magistrate Judge 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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