Allen v. USA Corporation et al

Filing 21

THIRD ORDER TO SHOW CAUSE re: [16}, Signed by Judge Kandis A. Westmore on 3/26/2024. Show Cause Response due by 5/23/2024. (wft, COURT STAFF) (Filed on 3/26/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

FELICIA R. ALLEN,

Case No. 23-cv-02134-KAW

Plaintiff,
8
v.

THIRD ORDER TO SHOW CAUSE

9
10

USA CORPORATION, et al.,

Re: Dkt. No. 16

Defendants.

United States District Court
Northern District of California

11
12
13

On October 19, 2023, the Court issued an order to show cause why this case should not be

14

dismissed for failure to serve Defendants pursuant to Federal Rule of Civil Procedure 4(m). (Dkt.

15

No. 12.) Plaintiff’s response was due by November 9, 2023. The Court continued the Initial Case

16

Management Conference set for October 24, 2023 to November 28, 2023. (Dkt. No. 11.) The

17

Court did not receive a response.

18

On December 20, 2023, the Court issued a second order to show cause why this case

19

should not be dismissed for failure to comply with the deadline to complete service on Defendants

20

by: (1) filing proof that Defendants have been served, and (2) explaining why Plaintiff failed to

21

respond to the Court’s prior order to show cause. (Dkt. No. 14.) The Court continued the Initial

22

Case Management Conference to January 23, 2024. (Dkt. No. 13.)

23

On January 8, 2024, the Court’s first order to show cause, which was sent to Plaintiff via

24

mail, was returned as undeliverable due to incorrect address. (Dkt. No. 15.) On January 18, 2024,

25

the Court’s second order to show cause, which was also sent to Plaintiff via mail, was returned as

26

undeliverable due to incorrect address. (Dkt. No. 17.) The Court continued the Initial Case

27

Management Conference hearing set for January 23, 2024 to March 26, 2024. (Dkt. No. 16.)

28

On January 22, 2024, a notice of change of address was filed. (Dkt. No. 19.)

1

Plaintiff has still failed to serve Defendants pursuant to Federal Rule of Civil Procedure

2

4(m) and, additionally, failed to file a case management conference statement, requiring that the

3

Court again continue the case management conference.

4
5

matter should not be dismissed for failure to comply with the deadline to complete service on

6

Defendants by filing proof that Defendants have been served. Failure to comply will result in the

7

Court reassigning the case to a district judge with the recommendation that the case be dismissed

8

for failure to serve.

9
10
11

United States District Court
Northern District of California

Accordingly, the Court ORDERS Plaintiff to show cause by May 23, 2024, why this

12

IT IS SO ORDERED.
Dated: March 26, 2024
______________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2