Gavlick v. Matco, Danaher Corporation and Jacobs Manufacturing Co

Filing 6

ORDER to Show Cause Why Case Should Not Be Dismissed For Failure to Serve. Signed by Judge Lucy H. Koh on 6/1/12. (Attachments: # 1 Certificate/Proof of Service)(lhklc3S, COURT STAFF) (Filed on 6/1/2012)

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT

8

NORTHERN DISTRICT OF CALIFORNIA

9

SAN JOSE DIVISION

United States District Court
For the Northern District of California

10
11

BILL GAVLICK,
Plaintiff,

12
13
14

v.
NMTC, INC. d/b/a MATCO TOOLS and
DANAHER CORPORATION,

15

Defendant.

16
17

)
)
)
)
)
)
)
)
)
)
)

Case No.: 11-cv-05713-LHK
ORDER TO SHOW CAUSE

On November 29, 2011, Plaintiff Bill Gavlick (“Plaintiff”) filed a Complaint against

18

Defendants Matco, Danaher Corporation and Jacobs Manufacturing Co. See ECF No. 1. Before

19

serving any defendants, Plaintiff filed a First Amended Complaint on January 27, 2012, naming

20

NMTC, Inc., doing business as Matco Tools and Danaher Corporation (“Defendant”), as sole

21

Defendant. See ECF No. 3. This case was reassigned to the undersigned judge on February 28,

22

2012. See ECF No. 5.

23

Federal Rule of Civil Procedure 4(m) requires a plaintiff to serve a defendant within 120

24

day after it files the complaint. A court must dismiss a case without prejudice if a plaintiff has not

25

complied with Rule 4(m), unless the plaintiff shows good cause for its failure to serve defendant.

26

Fed. R. Civ. P. 4(m). Under Rule 4(m), Plaintiff was required to file proof of service by May 27,

27

2012. To date, no proof of service has been filed. Accordingly, Plaintiff is hereby ORDERED to

28

show cause by June 15, 2012, why the action should not be dismissed for failure to serve
1
Case No.: 11-cv-05713-LHK
ORDER TO SHOW CAUSE

1

Defendant within 120 days. The Court will hold a hearing on Plaintiff’s response on June 28,

2

2012, at 1:30 p.m. Plaintiff’s failure to file a response by June 15, 2012 and failure to appear at the

3

June 28, 2012 hearing will result in dismissal of this action without prejudice.

4

IT IS SO ORDERED.

5
6

Dated: June 1, 2012

_________________________________
LUCY H. KOH
United States District Judge

7
8
9

United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Case No.: 11-cv-05713-LHK
ORDER TO SHOW CAUSE