Christina LaFrance Christner v. Kieron Sweeney

Filing 12

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)

1

UNITED STATES DISTRICT COURT

2

NORTHERN DISTRICT OF CALIFORNIA

3

SAN JOSE DIVISION

4
5

CHRISTINA LAFRANCE CHRISTNER,

Case No. 5:14-cv-02458 EJD

Plaintiff,
6

ORDER DISMISSING CASE

v.
7
8

KIERON SWEENEY,
Defendant.

9
10

On October 20, 2014, the court ordered Plaintiff Christina LaFrance Christner (“Plaintiff”)

United States District Court
Northern District of California

11

to show cause in writing by October 31, 2014, why she failed to accomplish service of the

12

Summons and Complaint within 120 days as required by Federal Rule of Civil Procedure 4(m).

13

Plaintiff filed a return to the Order to Show Cause on November 3, 2014 (Docket Item No.

14

11), indicating the Defendant Kieron Sweeney (“Defendant”) lives outside the United States at an

15

unknown address, that his former attorney declined to accept service on Defendant’s behalf, and

16

that Plaintiff is presently conducting research to locate Defendant’s address. Having carefully

17

considered this information, the court finds that it does not constitute show good cause as required

18

by Rule 4(m). See In re Sheehan, 253 F.3d 507, 512 (9th Cir. 2001) (discussing good cause

19

standard). Nor did Plaintiff provide sufficient detail about her attempts to locate and serve

20

Defendant to justify a discretionary extension of the time for service.

21
22
23
24

Accordingly, this action is DISMISSED WITHOUT PREJUDICE. The Clerk shall close
this file.
IT IS SO ORDERED.
Dated: November 4, 2014
______________________________________
EDWARD J. DAVILA
United States District Judge

25
26
27
28

1
Case No.: 5:14-cv-02458 EJD
ORDER DISMISSING CASE