Translarity, Inc. v. TEPS et al

Filing 12

ORDER TO SHOW CAUSE; ORDER CONTINUING CASE MANAGEMENT CONFERENCE. Show Cause Response due by 1/29/2021. Case Management Statement due by 3/30/2021. Initial Case Management Conference set for 4/6/2021 01:30 PM. Signed by Judge Kandis A. Westmore on 1/7/21. (dtmS, COURT STAFF) (Filed on 1/7/2021)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 TRANSLARITY, INC., Case No. 4:20-cv-05347-KAW Plaintiff, 8 ORDER TO SHOW CAUSE; ORDER CONTINUING CASE MANAGEMENT CONFERENCE v. 9 10 TEPS, et al., Defendants. United States District Court Northern District of California 11 12 13 This action was filed on August 3, 2020. (Dkt. No. 1.) Pursuant to Rule 4(m) of the 14 Federal Rules of Civil Procedure, Plaintiff has 90 days to complete service of the complaint and 15 summons on Defendant, such that November 2, 2020 was the last day to complete service or to 16 file a Motion for Administrative Relief from the deadline pursuant to Civil L.R. 7-11. 17 The Case Management Conference (CMC), originally scheduled for November 3, 2020, 18 was continued to January 12, 2021, because Defendant had not been served 7 days prior to the 19 original CMC date. (See Dkt. No. 9.) To date, no proof of service has been filed nor has Plaintiff 20 filed a motion for administrative relief from the service deadline. 21 Additionally, Plaintiff’s case management statement for the January 12, 2021 case 22 management conference was due by January 5, 2021. Plaintiff did not timely file a statement or 23 request to continue the case management conference, so the Court issued an order on January 6, 24 2021 acknowledging this deficiency, and ordering that a CMC statement or a request to continue 25 be filed by today, January 7, 2021 at 12:00 PM. (Dkt. No. 10.) No documents were timely filed. 26 Accordingly, IT IS HEREBY ORDERED that, by no later than January 29, 2021, 27 Plaintiff shall show cause why this matter should not be reassigned to a district judge with the 28 recommendation that the case be dismissed for failure to comply with the deadline to complete 1 service on Defendant or to file a Motion for Administrative Relief. Plaintiff shall also either effect 2 service or file the proof of service if service has already been completed. 3 4 5 6 7 8 Finally, the case management conference set for January 12, 2021 is continued to April 6, 2021 at 1:30 p.m. The joint case management statement is due on or before March 30, 2021. IT IS SO ORDERED. Dated: January 7, 2021 ______________________________________ KANDIS A. WESTMORE United States Magistrate Judge 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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