Lopez v. America's Wholesale Lender et al

Filing 14

ORDER TO SHOW CAUSE. Show Cause Response due by 11/26/2012. In light of the OSC, the Case Management Conference scheduled for 11/16/2012 is VACATED. Signed by Judge Edward J. Davila on 11/2/2012. (ejdlc1, COURT STAFF) (Filed on 11/2/2012) (Additional attachment(s) added on 11/2/2012: # 1 Certificate of Service) (ecg, COURT STAFF).

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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. 5:12-cv-02283 EJD MELODY LOPEZ, 11 ORDER TO SHOW CAUSE Plaintiff(s), For the Northern District of California United States District Court 10 12 13 v. AMERICA’S WHOLESALE LENDER, et. al., 14 15 Defendant(s). / 16 17 On May 7, 2012, Plaintiff filed the Complaint underlying this action. See Docket Item No. 18 1. Several summonses were also issued at that time. See Docket Item Nos. 4-8. To date, however, 19 the docket does not contain a proof of service for any defendant, and no defendants have appeared in 20 this action. 21 Rule 4(m) of the Federal Rules of Civil Procedure provides in pertinent part: 25 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 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. 26 The 120-day period for service provided by Rule 4(m) elapsed on September 4, 2012. 27 Accordingly, this court issues the instant Order to Show Cause (“OSC”) requiring that Plaintiff, no 28 later than November 26, 2012, either: (1) file documents to show proof of service of the Summons 22 23 24 1 Case No. 5:12-cv-02283 EJD ORDER TO SHOW CAUSE 1 and Complaint on defendants; or (2) explain in writing why service has not been accomplished. No 2 hearing will be held on the order to show cause unless otherwise ordered by the Court. 3 Plaintiff is notified that the court will dismiss this action if Plaintiff fails to comply with this 4 OSC or otherwise fail to show good cause as directed above. In light of the OSC, the Case 5 Management Conference scheduled for November 16, 2012, is VACATED. 6 IT IS SO ORDERED. 7 8 Dated: November 2, 2012 EDWARD J. DAVILA United States District Judge 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case No. 5:12-cv-02283 EJD ORDER TO SHOW CAUSE

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