Cuellar et al v. Alamillo et al

Filing 18

ORDER TO SHOW CAUSE RE DISMISSAL FOR FAILURE TO SERVE DEFENDANTS; CONTINUING CASEMANAGEMENT CONFERENCE. Show Cause Response and Case Management Conference statement due 3/19/2010. Order to Show Cause Hearing set for 3/29/2010 09:00 AM, Initial Case Management Conference set for 3/29/2010 10:00 AM in Courtroom 8 4th Floor, San Jose before Hon. James Ware. Signed by Judge James Ware on 2/25/2010. (ecg, COURT STAFF) (Filed on 2/25/2010)

1 2 3 4 5 6 7 8 9 10 Juan Carlos Cuellar, et al., v. Plaintiffs, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 09-04047 JW ORDER TO SHOW CAUSE RE: DISMISSAL FOR FAILURE TO SERVE DEFENDANTS; CONTINUING CASE MANAGEMENT CONFERENCE /

United United States District Court

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For the Northern District of California

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Anthony Fidel Alamillo, et al., Defendants.

This case is scheduled for a Case Management Conference on March 1, 2010. Plaintiffs submitted a Case Management Conference Statement. (See Initial CMC Statement, Docket Item No. 12.) To date, no Defendant has been served, except for Anthony Fidel Alamillo, who was served on January 15, 2010. (See Docket Item No. 6.) Since the Complaint in this case was filed on September 1, 2009, the deadline for service was 120 days from that date--December 30, 2009. See Fed. R. Civ. P. 4(m). Thus, the time for service on Defendants has expired. The record reflects that Plaintiffs have not requested an extension of time for such service. Accordingly, the Court ORDERS Plaintiffs to appear in Courtroom No. 8, 4th Floor, United States District Court, 280 South First Street, San Jose, CA on March 29, 2009 at 9:00 a.m. and to show cause, if any, why Plaintiffs' Complaint should not be dismissed as to all unserved Defendants. On or before March 19, 2009, Plaintiffs shall file a response to this Order setting forth the reason Plaintiffs have failed to serve Defendants in a timely matter. Additionally, in light of the fact that Defendant Anthony Fidel Alamillo was only recently served, the Court finds good cause to continue the Case Management Conference. Accordingly, the

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Court CONTINUES the Case Management Conference to March 29, 2010 at 10 a.m. On or before March 19, 2010, the parties shall file a Joint Case Management Statement. The Joint Statement shall include, among other things, a good faith discovery plan and a proposed date for the close of all discovery.

Dated: February 25, 2010

JAMES WARE United States District Judge

United States District Court

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For the Northern District of California

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: James Dal Bon [e-mail] Tomas Eduardo Margain [e-mail]

Dated: February 25, 2010

Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy

United States District Court

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For the Northern District of California

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