Gregoria Amaya v. Rose International Market, Inc. et al

Filing 8

ORDER TO SHOW CAUSE. The 120-day period for service provided by Rule 4(m) expired on November 20, 2014. Accordingly, the court issues the instant Order to Show Cause ("OSC") requiring that Plaintiff, no later than January 13, 2015, eith er: (1) file documents to show proof of service of the Summons and Complaint on defendants; 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. Plaintiff is notified that the court will dismiss this action if Plaintiff fails to comply with this OSC or otherwise fails to show good cause as directed above. Signed by Judge Edward J. Davila on 1/6/2015. (ecg, COURT STAFF) (Filed on 1/6/2015)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

NORTHERN DISTRICT OF CALIFORNIA

9

SAN JOSE DIVISION

10
11

GREGORIA AMAYA,

Case No. 5:14-cv-03331 EJD

United States District Court
Northern District of California

Plaintiff,
12

ORDER TO SHOW CAUSE

v.
13
14
15
16

ROSE INTERNATIONAL MARKET, INC.,
et al.,
Defendants.
On July 23, 2014, Plaintiff Gregoria Amaya (“Plaintiff”) filed the Complaint underlying

17

this action. To date, however, the docket does not contain a proof of service or waiver of service

18

for any defendant, and no defendant has appeared in this action.

19

Rule 4(m) of the Federal Rules of Civil Procedure provides in pertinent part:

20

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.

21
22
23
24
25

The 120-day period for service provided by Rule 4(m) expired on November 20, 2014.

26

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

27

later than January 13, 2015, either: (1) file documents to show proof of service of the Summons

28

1
Case No.: 5:14-cv-03331 EJD
ORDER TO SHOW CAUSE

1

and Complaint on defendants; or (2) explain in writing why service has not been accomplished.

2

No hearing will be held on the order to show cause unless otherwise ordered by the court.

3
4

Plaintiff is notified that the court will dismiss this action if Plaintiff fails to comply with
this OSC or otherwise fails to show good cause as directed above.

5
6
7

IT IS SO ORDERED.
Dated: January 6, 2015
______________________________________
EDWARD J. DAVILA
United States District Judge

8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2
Case No.: 5:14-cv-03331 EJD
ORDER TO SHOW CAUSE