J&J Sports Productions, Inc-v-Aimie Nguyen

Filing 14

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 12/5/2012 02:00 PM. Show Cause Response due by 10/29/2012.. Signed by Judge Lucy H. Koh on 10/15/2012. (lhklc2, COURT STAFF) (Filed on 10/15/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
For the Northern District of California

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J&J SPORTS PRODUCTIONS, INC.,
Plaintiff,

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v.
AIMIE NGUYEN, ET AL.

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Defendants.

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Case No.: 12-02259
ORDER TO SHOW CAUSE

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On May 4, 2012, Plaintiff filed its original complaint. ECF No. 1. On August 30, 2012,

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Plaintiff filed an ex parte application for an extension of time to complete service. ECF No. 10.

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The Court granted this application on September 4, 2012, allowing Plaintiff an additional 30 days

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to complete service. ECF No. 11. 164 days have passed since the filing of the original complaint,

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and 41 days have passed since this Court granted additional time, but no proof of service has been

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filed.

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

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

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

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Fed. R. Civ. P. 4(m). Under this Rule, Plaintiff was required to serve a proof of service by

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September 1, 2012. In this case, Plaintiff was granted a brief extension, which allowed Plaintiff

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until October 4, 2012 to file a proof of service.
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Case No.: 12-CV-02259-LHK
ORDER TO SHOW CAUSE

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Accordingly, the Court ORDERS Plaintiff to show cause why this action should not be

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dismissed for failure to serve the Defendants as required by Rule 4(m) by October 29, 2012. See,

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e.g., Patrick Collins Inc. v. Does 1-1219, No. 10-04468-LB (N.D. Cal. Aug. 29, 2011) (Beeler,

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M.J.) (issuing order to show cause). The Court will hold a hearing on Plaintiff’s response on

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December 5, 2012, at 2:00 p.m., in conjunction with the case management conference set for that

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date.

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IT IS SO ORDERED.

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Dated: October 15, 2012

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LUCY H. KOH
United States District Judge

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United States District Court
For the Northern District of California

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Case No.: 12-CV-02259-LHK
ORDER TO SHOW CAUSE