Third Degree Films, Inc v. Does 1-2010

Filing 64

ORDER DISMISSING CASE. The court orders this case DISMISSED WITHOUT PREJUDICE pursuant to Federal Rule of Civil Procedure 4(m). The Clerk shall close this file. Signed by Judge Edward J. Davila on 12/12/2011. (ejdlc1, COURT STAFF) (Filed on 12/12/2011)

1
2

IN THE UNITED STATES DISTRICT COURT

3

FOR THE NORTHERN DISTRICT OF CALIFORNIA

4

SAN JOSE DIVISION

5

CASE NO. 5:10-cv-05862 EJD

THIRD DEGREE FILMS, INC.,

6

ORDER DISMISSING CASE
Plaintiff(s),

7
8

v.
[Docket Item No. 60]

DOES 1-2010,

9
Defendant(s).
11
For the Northern District of California

United States District Court

10

/
On November 22, 2011, the court ordered Plaintiff Third Degree Films, Inc. (“Plaintiff”) to

12

show cause in writing by December 9, 2011, why it failed (1) file documents to show proof of

13

service of the Summons and Complaint on the remaining defendant to comply with Rule 4(l) of the

14

Federal Rules of Civil Procedure; and (2) accomplish service of the Summons and Complaint on the

15

remaining defendant within 120 days of filing the complaint to comply with Rule 4(m) of the

16

Federal Rules of Civil Procedure. See Docket Item No. 60. The court admonished Plaintiff that this

17

action would be dismissed should it fail to show good cause.

18

On December 8, 2011, Plaintiff filed a voluntary dismissal of Doe 1 as well as a Status

19

Report stating that no defendants remain in this case with the dismissal of Doe 1. See Docket Item

20

Nos. 61, 62. Accordingly, the court orders this case DISMISSED WITHOUT PREJUDICE

21

pursuant to Federal Rule of Civil Procedure 4(m). The Clerk shall close this file.

22

IT IS SO ORDERED.

23
24

Dated: December 12, 2011
EDWARD J. DAVILA
United States District Judge

25
26
27
28
1
CASE NO. 5:10-cv-05862-EJD
ORDER DISMISSING CASE