Kriehn v. Department of Justice

Filing 5

ORDER TO SHOW CAUSE. Signed by Judge Lucy H. Koh on 2/04/2013. (lhklc3, COURT STAFF) (Filed on 2/4/2013)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 SAN JOSE DIVISION 9 JESS H. KRIEHN, United States District Court For the Northern District of California 10 11 12 Plaintiff, v. DEPARTMENT OF JUSTICE, Defendant. 13 14 ) ) ) ) ) ) ) ) ) ) Case No.: 5:12-CV-05611-LHK ORDER TO SHOW CAUSE 15 Plaintiff filed the complaint in this action on November 1, 2012. ECF No. 1. Under 16 Federal Rule of Civil Procedure 4(m), a plaintiff’s failure to serve the defendant within 120 days of 17 filing the complaint is grounds for dismissal without prejudice absent a showing of good cause. 18 See Fed. R. Civ. P. 4(m). Accordingly, the Court ORDERS Plaintiff to show cause why this action 19 should not be dismissed for failure to timely serve Defendant. Plaintiff shall respond to this Order 20 to Show Cause and file proof of service of the summons and complaint on Defendant by March 4, 21 2013. A hearing on this Order to Show Cause is set for March 20, 2013 at 2:00 p.m. Plaintiff’s 22 failure to serve Defendant and file a response by March 4, 2013, and failure to appear at the March 23 20, 2013 hearing, will result in dismissal of this action without prejudice for failure to comply with 24 Rule 4(m). The case management conference currently scheduled for February 6, 2013, shall be 25 continued to March 20, 2013. 26 IT IS SO ORDERED. 27 Dated: February 4, 2013 28 Case No.: 5:12-CV-05611-LHK ORDER TO SHOW CAUSE _________________________________ LUCY H. KOH United States District Judge

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