Thede v. United Airlines, Inc.

Filing 15

ORDER TO SHOW CAUSE. Signed by Judge Phyllis J. Hamilton on 11/16/2017. (pjhlc2, COURT STAFF) (Filed on 11/16/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JEREMIAH THEDE, 9 10 United States District Court Northern District of California 11 Case No. 17-cv-03528-PJH Plaintiff, 8 v. ORDER TO SHOW CAUSE UNITED AIRLINES, INC., Defendant. 12 13 14 Plaintiff in the above-entitled matter filed a case management statement but failed 15 to appear at the case management conference on November 16, 2017, in contravention 16 of this court's order. THE COURT hereby issues an ORDER TO SHOW CAUSE why 17 plaintiff's claims should not be dismissed for failure to prosecute, pursuant to Rule 41(b) 18 of the Federal Rules of Civil Procedure. 19 Further, despite filing his complaint nearly five months ago, plaintiff has yet to 20 effectuate service on the defendant. Under Federal Rule of Civil Procedure 4(m), unless 21 plaintiff shows good cause, a complaint is subject to dismissal if plaintiff has not 22 effectuated service on defendant within 90 days after the complaint is filed. THE COURT 23 hereby issues an ORDER TO SHOW CAUSE why plaintiff’s claims should not be 24 dismissed for failure to serve within 90 days, pursuant to Rule 4(m). 25 The court resets the initial case management conference for December 14, 2017, 26 at 2:00 p.m. As before, plaintiff is ordered to appear in person or through counsel and 27 should be prepared to respond to the above orders to show cause. If plaintiff fails to 28 appear, the case shall be dismissed with prejudice for failure to prosecute, pursuant to 1 Rule 41(b). If plaintiff appears but has still not effectuated service on the defendant, the 2 case shall be dismissed without prejudice, pursuant to Rule 4(m). 3 4 5 6 IT IS SO ORDERED. Dated: November 16, 2017 __________________________________ PHYLLIS J. HAMILTON United States District Judge 7 8 9 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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