Cabusas v. Mortgage Electronic Systems, Inc.
Filing
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ORDER TO SHOW CAUSE. This court issues the instant OSC requiring that Plaintiffs, no later than November 13, 2012, either: (1) file documents to show proof of service of the Summons and Complaint on defendants; or (2) explain in writing why service has not been accomplished. No hearing will be held on the order to show cause unless otherwise ordered by the Court. Signed by Judge Edward J. Davila on 11/2/2012. (ejdlc1, COURT STAFF) (Filed on 11/2/2012) Modified on 11/2/2012: Staff Notes: No address on docket for pro se. Service of Court order unable to be accomplished. (ecg, COURT STAFF).
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
CASE NO. 5:12-cv-03000 EJD
NORMA CABUSAS, et. al.,
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ORDER TO SHOW CAUSE
Plaintiff(s),
For the Northern District of California
United States District Court
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v.
MORTGAGE ELECTRONIC SYSTEMS,
INC., et. al.,
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Defendant(s).
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On June 11, 2012, Plaintiffs filed the Complaint underlying this action. See Docket Item No.
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1. To date, however, the docket does not contain a proof of service for any defendant, and no
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defendants have appeared in this action.
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Rule 4(m) of the Federal Rules of Civil Procedure provides in pertinent part:
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.
The 120-day period for service provided by Rule 4(m) elapsed on October 9, 2012.
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Accordingly, this court issues the instant Order to Show Cause (“OSC”) requiring that Plaintiffs, no
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later than November 13, 2012, either: (1) file documents to show proof of service of the Summons
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and Complaint on defendants; or (2) explain in writing why service has not been accomplished. No
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Case No. 5:12-cv-03000 EJD
ORDER TO SHOW CAUSE
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hearing will be held on the order to show cause unless otherwise ordered by the Court.
Plaintiffs are notified that the court will dismiss this action if Plaintiffs fail to comply with
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this OSC or otherwise fail to show good cause as directed above.
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IT IS SO ORDERED.
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Dated: November 2, 2012
EDWARD J. DAVILA
United States District Judge
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For the Northern District of California
United States District Court
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Case No. 5:12-cv-03000 EJD
ORDER TO SHOW CAUSE
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