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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JEREMIAH THEDE,

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United States District Court
Northern District of California

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Case No. 17-cv-03528-PJH

Plaintiff,

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v.

ORDER TO SHOW CAUSE

UNITED AIRLINES, INC.,
Defendant.

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Plaintiff in the above-entitled matter filed a case management statement but failed

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to appear at the case management conference on November 16, 2017, in contravention

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of this court's order. THE COURT hereby issues an ORDER TO SHOW CAUSE why

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plaintiff's claims should not be dismissed for failure to prosecute, pursuant to Rule 41(b)

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of the Federal Rules of Civil Procedure.

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Further, despite filing his complaint nearly five months ago, plaintiff has yet to

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effectuate service on the defendant. Under Federal Rule of Civil Procedure 4(m), unless

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plaintiff shows good cause, a complaint is subject to dismissal if plaintiff has not

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effectuated service on defendant within 90 days after the complaint is filed. THE COURT

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hereby issues an ORDER TO SHOW CAUSE why plaintiff’s claims should not be

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dismissed for failure to serve within 90 days, pursuant to Rule 4(m).

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The court resets the initial case management conference for December 14, 2017,

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at 2:00 p.m. As before, plaintiff is ordered to appear in person or through counsel and

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should be prepared to respond to the above orders to show cause. If plaintiff fails to

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appear, the case shall be dismissed with prejudice for failure to prosecute, pursuant to

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Rule 41(b). If plaintiff appears but has still not effectuated service on the defendant, the

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case shall be dismissed without prejudice, pursuant to Rule 4(m).

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IT IS SO ORDERED.
Dated: November 16, 2017
__________________________________
PHYLLIS J. HAMILTON
United States District Judge

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United States District Court
Northern District of California

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