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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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JESS H. KRIEHN,

United States District Court
For the Northern District of California

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Plaintiff,
v.
DEPARTMENT OF JUSTICE,
Defendant.

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Case No.: 5:12-CV-05611-LHK
ORDER TO SHOW CAUSE

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Plaintiff filed the complaint in this action on November 1, 2012. ECF No. 1. Under

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Federal Rule of Civil Procedure 4(m), a plaintiff’s failure to serve the defendant within 120 days of

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filing the complaint is grounds for dismissal without prejudice absent a showing of good cause.

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See Fed. R. Civ. P. 4(m). Accordingly, the Court ORDERS Plaintiff to show cause why this action

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should not be dismissed for failure to timely serve Defendant. Plaintiff shall respond to this Order

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to Show Cause and file proof of service of the summons and complaint on Defendant by March 4,

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2013. A hearing on this Order to Show Cause is set for March 20, 2013 at 2:00 p.m. Plaintiff’s

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failure to serve Defendant and file a response by March 4, 2013, and failure to appear at the March

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20, 2013 hearing, will result in dismissal of this action without prejudice for failure to comply with

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Rule 4(m). The case management conference currently scheduled for February 6, 2013, shall be

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continued to March 20, 2013.

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IT IS SO ORDERED.

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Dated: February 4, 2013

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Case No.: 5:12-CV-05611-LHK
ORDER TO SHOW CAUSE

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LUCY H. KOH
United States District Judge