Christina LaFrance Christner v. Kieron Sweeney
Filing
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ORDER DISMISSING CASE. This action is DISMISSED WITHOUT PREJUDICE. The Clerk shall close this file. Signed by Judge Edward J. Davila on 11/4/2014. (ejdlc1S, COURT STAFF) (Filed on 11/4/2014)
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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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CHRISTINA LAFRANCE CHRISTNER,
Case No. 5:14-cv-02458 EJD
Plaintiff,
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ORDER DISMISSING CASE
v.
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KIERON SWEENEY,
Defendant.
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On October 20, 2014, the court ordered Plaintiff Christina LaFrance Christner (“Plaintiff”)
United States District Court
Northern District of California
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to show cause in writing by October 31, 2014, why she failed to accomplish service of the
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Summons and Complaint within 120 days as required by Federal Rule of Civil Procedure 4(m).
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Plaintiff filed a return to the Order to Show Cause on November 3, 2014 (Docket Item No.
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11), indicating the Defendant Kieron Sweeney (“Defendant”) lives outside the United States at an
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unknown address, that his former attorney declined to accept service on Defendant’s behalf, and
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that Plaintiff is presently conducting research to locate Defendant’s address. Having carefully
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considered this information, the court finds that it does not constitute show good cause as required
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by Rule 4(m). See In re Sheehan, 253 F.3d 507, 512 (9th Cir. 2001) (discussing good cause
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standard). Nor did Plaintiff provide sufficient detail about her attempts to locate and serve
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Defendant to justify a discretionary extension of the time for service.
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Accordingly, this action is DISMISSED WITHOUT PREJUDICE. The Clerk shall close
this file.
IT IS SO ORDERED.
Dated: November 4, 2014
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EDWARD J. DAVILA
United States District Judge
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Case No.: 5:14-cv-02458 EJD
ORDER DISMISSING CASE
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