Cassidy v. Colvin

Filing 6

ORDER TO SHOW CAUSE. The court issues the instant OSC requiring that Plaintiff, no later than 10/15/2013 either: (1) file documents to show proof of service of the Summons and Complaint on defendant; 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 10/4/2013. (ejdlc1, COURT STAFF) (Filed on 10/4/2013)

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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. 5:13-cv-01873 EJD

MAUREEN CASSIDY,

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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.
CAROLYN W. COLVIN, Commissioner of
the Social Security Administration,

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Defendant(s).
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On April 24, 2013, Plaintiff Maureen Cassidy (“Plaintiff”) filed the Complaint underlying

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this action. See Docket Item No. 1. Her request to proceed in forma paurperis was denied on May

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8, 2013. See Docket Item No. 4. To date, however, the docket does not contain a proof of service or

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waiver of service for defendant, and no defendant has 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.

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The 120-day period for service provided by Rule 4(m) expired on August 22, 2013.

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Accordingly, the court issues the instant Order to Show Cause (“OSC”) requiring that Plaintiff, no

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later than October 14, 2013, either: (1) file documents to show proof of service of the Summons and
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Case No. 5:13-cv-01873 EJD
ORDER TO SHOW CAUSE

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Complaint on defendant; or (2) explain in writing why service has not been accomplished. No

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hearing will be held on the order to show cause unless otherwise ordered by the court.

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Plaintiff is notified that the court will dismiss this action if Plaintiff fails to comply with this

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OSC or otherwise fail to show good cause as directed above.

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IT IS SO ORDERED.

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Dated: October 4, 2013
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. 5:13-cv-01873 EJD
ORDER TO SHOW CAUSE