Bilodeau v. McAfee, Inc et al

Filing 35

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 6/13/2013 01:30 PM. Show Cause Response due by 5/31/2013.. Signed by Judge Lucy H. Koh on May 14, 2013. (lhklc2, COURT STAFF) (Filed on 5/14/2013)

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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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JENNIFER BILODEAU, individually and on
behalf of all others similarly situated

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Plaintiff,
v.
MCAFEE, INC,. and CAPITAL INTELLECT,
INC.,

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Defendants.

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Case No.: 11-cv-01752-LHK
ORDER TO SHOW CAUSE

For the reasons stated herein, the Court ORDERS Plaintiff to show cause why Defendant

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Capital Intellect, Inc. should not be dismissed from this action due to Plaintiff’s failure to

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prosecute.

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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). Plaintiff filed her complaint on August 31, 2012. ECF No. 1. Under Rule

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4(m), Plaintiff was required to have filed proof of service by December 29, 2012. To date, Plaintiff

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has not filed any proof of service.

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Defendant McAfee filed a Motion to Dismiss on November 9, 2012, ECF No. 22, which is

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currently set for hearing on June 13, 2013. On January 8, 2013, Plaintiff filed an Opposition to the

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Motion to Dismiss. ECF No. 29. That Opposition states, “Despite numerous attempts, Capital
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Case No.: 12-cv-04589-LHK
ORDER TO SHOW CAUSE

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Intellect has yet to be served. Plaintiff is in the process of re-attempting service.” Id. at 1, n.1. No

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subsequent certificate of service has been filed, nor has Plaintiff filed any other explanation of her

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failure to serve Defendant Capital Intellect, Inc.

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Accordingly, the Court ORDERS Plaintiff to show cause why Defendant Capital Intellect,

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Inc. should not be dismissed from this action, due to Plaintiff’s failure to comply with Rule 4(m).

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Plaintiff has until May 31, 2013 to file a response to this Order to Show Cause. The Court will

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hold an Order to Show Cause hearing on June 13, 2013, at 1:30 p.m., in conjunction with the case

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management conference and Motion to Dismiss hearing set for that date. Plaintiff’s failure to

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respond to this Order or failure to appear at the June 13, 2013 hearing will result in dismissal of

United States District Court
For the Northern District of California

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Defendant Capital Intellect, Inc., without prejudice.

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IT IS SO ORDERED.

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Dated: May 14, 2013

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_________________________________
LUCY H. KOH
United States District Judge

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Case No.: 12-cv-04589-LHK
ORDER TO SHOW CAUSE