Airwair International Ltd. v. Schultz et al

Filing 9

ORDER TO SERVE DEFENDANTS AND FILE STATUS REPORT. Signed by Judge Lucy Koh on 4/10/2014. (lhklc2S, COURT STAFF) (Filed on 4/10/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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)
)
)
Plaintiff,
)
v.
)
MATTHEW K. SCHULTZ, an individual doing )
business as CALCEUS; NPS SHOES LTD., a )
)
British Limited Company; and DOES 1-50,
)
)
Defendants.
)
AIRWAIR INTERNATIONAL LTD,

Case No.: 13-CV-01190-LHK
ORDER TO SERVE DEFENDANTS
AND FILE STATUS REPORT

Plaintiff filed the complaint in this action on March 18, 2013. ECF No. 1. The complaint

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does not appear to have been served on the Defendants and Defendants have not filed any notice of

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appearance. Federal Rule of Civil Procedure 4(m) states: “Time Limit for Service. If a defendant is

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not served within 120 days after the complaint is filed, the court—on motion or on its own after

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notice to the plaintiff—must dismiss the action without prejudice against that defendant or order

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that service be made within a specified time. But if the plaintiff shows good cause for the failure,

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the court must extend the time for service for an appropriate period.” Plaintiff is hereby ordered to

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serve the Defendants and file Plaintiff’s certificate of service by April 17, 2014. The parties are

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also ordered to file separate status reports concerning the status of this case by April 21, 2014 at

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noon. Should the Plaintiff fail to file a status report by April 21, 2014 or serve Defendants and file

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Case No.: 13-CV-01190-LHK
ORDER TO SERVE DEFENDANTS AND TO FILE STATUS REPORT

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Plaintiff’s certificate of service by April 17, 2014, this case will be dismissed with prejudice for

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failure to prosecute.

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IT IS SO ORDERED.

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Dated: April 10, 2014

_________________________________
LUCY H. KOH
United States District Judge

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United States District Court
For the Northern District of California

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Case No.: 13-CV-01190-LHK
ORDER TO SERVE DEFENDANTS AND TO FILE STATUS REPORT