Allen v. USA Corporation et al
Filing
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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)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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FELICIA R. ALLEN,
Case No. 23-cv-02134-KAW
Plaintiff,
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v.
THIRD ORDER TO SHOW CAUSE
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USA CORPORATION, et al.,
Re: Dkt. No. 16
Defendants.
United States District Court
Northern District of California
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On October 19, 2023, the Court issued an order to show cause why this case should not be
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dismissed for failure to serve Defendants pursuant to Federal Rule of Civil Procedure 4(m). (Dkt.
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No. 12.) Plaintiff’s response was due by November 9, 2023. The Court continued the Initial Case
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Management Conference set for October 24, 2023 to November 28, 2023. (Dkt. No. 11.) The
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Court did not receive a response.
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On December 20, 2023, the Court issued a second order to show cause why this case
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should not be dismissed for failure to comply with the deadline to complete service on Defendants
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by: (1) filing proof that Defendants have been served, and (2) explaining why Plaintiff failed to
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respond to the Court’s prior order to show cause. (Dkt. No. 14.) The Court continued the Initial
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Case Management Conference to January 23, 2024. (Dkt. No. 13.)
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On January 8, 2024, the Court’s first order to show cause, which was sent to Plaintiff via
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mail, was returned as undeliverable due to incorrect address. (Dkt. No. 15.) On January 18, 2024,
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the Court’s second order to show cause, which was also sent to Plaintiff via mail, was returned as
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undeliverable due to incorrect address. (Dkt. No. 17.) The Court continued the Initial Case
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Management Conference hearing set for January 23, 2024 to March 26, 2024. (Dkt. No. 16.)
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On January 22, 2024, a notice of change of address was filed. (Dkt. No. 19.)
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Plaintiff has still failed to serve Defendants pursuant to Federal Rule of Civil Procedure
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4(m) and, additionally, failed to file a case management conference statement, requiring that the
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Court again continue the case management conference.
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matter should not be dismissed for failure to comply with the deadline to complete service on
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Defendants by filing proof that Defendants have been served. Failure to comply will result in the
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Court reassigning the case to a district judge with the recommendation that the case be dismissed
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for failure to serve.
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United States District Court
Northern District of California
Accordingly, the Court ORDERS Plaintiff to show cause by May 23, 2024, why this
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IT IS SO ORDERED.
Dated: March 26, 2024
______________________________________
KANDIS A. WESTMORE
United States Magistrate Judge
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