Third Degree Films, Inc v. Does 1-2010

Filing 60

ORDER TO SHOW CAUSE. Show Cause Response due by 12/9/2011. Plaintiff shall show cause in writing why it has failed to: (1) file documents to show proof of service of the Summons and Complaint on the remaining defendant to comply with Rule 4(l) of the Federal Rules of Civil Procedure; and (2) accomplish service of the Summons and Complaint on the remaining defendant within 120 days of filing the complaint to comply with Rule 4(m) of the Federal Rules of Civil Procedure. No hearing will be held on the order to show cause unless otherwise ordered by the Court. Signed by Judge Edward J. Davila on 11/22/2011. (ejdlc1, COURT STAFF) (Filed on 11/22/2011)

1
2
3
4
5
6
7

IN THE UNITED STATES DISTRICT COURT

8

FOR THE NORTHERN DISTRICT OF CALIFORNIA

9

SAN JOSE DIVISION
CASE NO. 5:10-cv-05862 EJD

THIRD DEGREE FILMS, INC.,

11

ORDER TO SHOW CAUSE
Plaintiff(s),

For the Northern District of California

United States District Court

10

12
13

v.
DOES 1-2010,

14
Defendant(s).
15

/

16

On December 23, 2010, Plaintiff Third Degree Films, Inc. (“Plaintiff”) filed the instant

17

action against 2010 unknown “Doe” defendants. See Docket Item No. 1. Thereafter, the court

18

granted Plaintiff’s ex parte application for leave to take limited discovery prior to a Rule 26

19

conference on May 31, 2011, which allowed Plaintiff to serve subpoenas on certain Internet Service

20

Providers to obtain information identifying the Doe defendants such that service of process could be

21

effectuated. See Docket Item No. 8. Pursuant to the ensuing order, Plaintiff was obligated to

22

immediately serve the subpoenas, and the Internet Service Providers and subscribers each had 30

23

days in which to object to the subpoenas. See id.

24
25
26
27
28

On November 10, 2011, the court dismissed Does 2 through 2010, leaving only Doe 1 as a
defendant in this case. See Docket Item No. 58.
Rule 4(m) of the Federal Rules of Civil Procedure provides in pertinent part:
If service of the summons and complaint is not made upon a defendant
within 120 days after the filing of the complaint, the court, upon
motion or on its own initiative after notice to the plaintiff, shall
1
CASE NO. 5:10-cv-05862 EJD
ORDER TO SHOW CAUSE

1
2

dismiss the action without prejudice as to that defendant or direct that
service be effected within a specified time; provided that if the
plaintiff shows good cause for the failure, the court shall extend the
time for service for an appropriate period.

3
4

More than 120 days have elapsed since Plaintiff filed the complaint and the court issued its

5

order allowing limited discovery, yet Plaintiff has not filed one proof of service. Thus, Plaintiff

6

shall, no later than December 9, 2011, show cause in writing why it has failed to: (1) file documents

7

to show proof of service of the Summons and Complaint on the remaining defendant to comply with

8

Rule 4(l) of the Federal Rules of Civil Procedure; and (2) accomplish service of the Summons and

9

Complaint on the remaining defendant within 120 days of filing the complaint to comply with Rule
4(m) of the Federal Rules of Civil Procedure. No hearing will be held on the order to show cause

11
For the Northern District of California

United States District Court

10

unless otherwise ordered by the Court.

12

Plaintiff is notified that the Court will dismiss this action if Plaintiff fails to comply with this

13

Order or otherwise fail to show good cause as directed above.

14

IT IS SO ORDERED.

15
16

Dated: November 22, 2011
EDWARD J. DAVILA
United States District Judge

17
18
19
20
21
22
23
24
25
26
27
28
2
CASE NO. 5:10-cv-05862 EJD
ORDER TO SHOW CAUSE