J&J Sports Productions, Inc v. Vu

Filing 17

ORDER TO SHOW CAUSE Why Case Should Not Be Dismissed for Failure to Serve. Order to Show Cause Hearing set for 10/31/2012 02:00 PM. Show Cause Response due by 10/12/2012. Signed by Judge Lucy H. Koh on 9/12/12. (lhklc3S, COURT STAFF) (Filed on 9/12/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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J&J SPORTS PRODUCTIONS, INC.

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Plaintiff,
v.
KIM T. VU,
Defendant.

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Case No.: 5:12-CV-02242-LHK
ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED FOR
FAILURE TO SERVE

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The Court held a case management conference on September 12, 2012, at which only
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Plaintiff J&J Sports Productions, Inc. (“Plaintiff”) appeared. In Plaintiff’s case management
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conference statement, Plaintiff states that he “may or may not have promptly effectuated service of
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process of the initiating suit papers.” ECF No. 14 at 1 n.1. Plaintiff further states that “Plaintiff’s
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counsel believed it had identified an appropriate alternative address to use[] for service of process,
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however on August 21, 2012, Plaintiff’s counsel spoke with an individual (Kim Vu) who claimed
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he was served with suit papers but is the wrong person, and has nothing to do with the business
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Xinh Xinh Café.” Id.
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Plaintiff filed the complaint in this action on May 4, 2012. ECF No. 1. Under Federal Rule
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of Civil Procedure 4(m), a plaintiff’s failure to serve the defendant within 120 days of filing the
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complaint is grounds for dismissal without prejudice absent a showing of good cause. See Fed. R.
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Civ. P. 4(m). Accordingly, the Court ORDERS Plaintiff to show cause why this action should not
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Case No.: 12-CV-02242-LHK
ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO SERVE

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be dismissed for failure to timely serve Defendant. Plaintiff shall respond to this Order to Show

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Cause and file proof of service of the summons and complaint on Defendant by October 12, 2012.

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A hearing on this Order to Show Cause is set for October 31, 2012, at 2:00 p.m. Plaintiff’s failure

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to serve Defendant and file a response by October 12, 2012, and failure to appear at the October

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31, 2012 hearing, will result in dismissal of this action without prejudice for failure to comply with

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Rule 4(m).

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IT IS SO ORDERED.

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Dated: September 12, 2012

_________________________________
LUCY H. KOH
United States District Judge

United States District Court
For the Northern District of California

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Case No.: 12-CV-02242-LHK
ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO SERVE