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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TRANSLARITY, INC.,

Case No. 4:20-cv-05347-KAW

Plaintiff,
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ORDER TO SHOW CAUSE; ORDER
CONTINUING CASE MANAGEMENT
CONFERENCE

v.
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TEPS, et al.,
Defendants.

United States District Court
Northern District of California

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This action was filed on August 3, 2020. (Dkt. No. 1.) Pursuant to Rule 4(m) of the

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Federal Rules of Civil Procedure, Plaintiff has 90 days to complete service of the complaint and

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summons on Defendant, such that November 2, 2020 was the last day to complete service or to

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file a Motion for Administrative Relief from the deadline pursuant to Civil L.R. 7-11.

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The Case Management Conference (CMC), originally scheduled for November 3, 2020,

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was continued to January 12, 2021, because Defendant had not been served 7 days prior to the

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original CMC date. (See Dkt. No. 9.) To date, no proof of service has been filed nor has Plaintiff

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filed a motion for administrative relief from the service deadline.

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Additionally, Plaintiff’s case management statement for the January 12, 2021 case

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management conference was due by January 5, 2021. Plaintiff did not timely file a statement or

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request to continue the case management conference, so the Court issued an order on January 6,

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2021 acknowledging this deficiency, and ordering that a CMC statement or a request to continue

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be filed by today, January 7, 2021 at 12:00 PM. (Dkt. No. 10.) No documents were timely filed.

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Accordingly, IT IS HEREBY ORDERED that, by no later than January 29, 2021,

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Plaintiff shall show cause why this matter should not be reassigned to a district judge with the

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recommendation that the case be dismissed for failure to comply with the deadline to complete

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service on Defendant or to file a Motion for Administrative Relief. Plaintiff shall also either effect

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service or file the proof of service if service has already been completed.

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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

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United States District Court
Northern District of California

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