Billings v. Commissioner of Social Security

Filing 4

ORDER TO SHOW CAUSE. The court issues the instant OSC requiring that Plaintiff, no later than 12/6/2013, 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. Signed by Judge Edward J. Davila on 11/26/2013. (ejdlc1, COURT STAFF) (Filed on 11/26/2013)

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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-03084 EJD

LYNETTE MARIE BILLINGS,

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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.
COMMISSIONER OF SOCIAL
SECURITY,

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Defendant(s).
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On July 3, 2013, Plaintiff Lynette Marie Billings (“Plaintiff”) filed the Complaint underlying
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this action and paid the filing fee associated with that filing. See Docket Item No. 1. The clerk
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issued a Summons to Defendant that same day. See Docket Item No. 3. To date, however, the
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docket does not contain a proof of service or waiver of service for defendant, and no defendant has
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appeared in this action.
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Rule 4(m) of the Federal Rules of Civil Procedure provides in pertinent part:
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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 October 31, 2013.
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Accordingly, the court issues the instant Order to Show Cause (“OSC”) requiring that Plaintiff, no
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Case No. 5:13-cv-03084 EJD
ORDER TO SHOW CAUSE

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later than December 6, 2013, either: (1) file documents to show proof of service of the Summons

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and 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: November 26, 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-03084 EJD
ORDER TO SHOW CAUSE