Bacca Guerra v. Johnson et al

Filing 7

ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE. Signed by Judge Lucy H. Koh on 2/4/2015. (lhklc3, COURT STAFF) (Filed on 2/4/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
Northern District of California

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MILAGROS BACCA GUERRA,
Plaintiff,

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v.

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Case No.: 14-CV-04142-LHK
ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED FOR
FAILURE TO PROSECUTE

JEH JOHNSON, et al.,

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Defendants.

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On September 15, 2014, plaintiff Milagros Bacca Guerra (“Plaintiff”), with the assistance

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of counsel, filed a complaint in this Court against defendants Jeh Johnson, Secretary of the

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Department of Homeland Security, James Comey, Director of the Federal Bureau of Investigation,

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Leon Rodriguez, Director of the U.S. Citizenship and Immigration Services, and Robin Barrett,

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San Francisco District Director of the U.S. Citizenship and Immigration Services (collectively,

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“Defendants”). ECF No. 2. Under Rule 4(m) of the Federal Rules of Civil Procedure, Plaintiff

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was required to serve Defendants with the summons and complaint by January 13, 2015, which is

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120 days from the filing of the complaint. Plaintiff has yet to file proof of service.1

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Plaintiff’s counsel, a member of the Utah bar, did file a pro hac vice motion on
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Case No.: 14-CV-04142-LHK
ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE

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Pursuant to Civil Local Rule 16-9(a), the parties were required to file a joint case

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management statement by January 28, 2015, one week prior to the initial case management

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conference. The parties failed to do so. On January 30, 2015, the Court ordered the parties to file

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a joint case management statement by February 3, 2015, at noon. ECF No. 6. The parties again

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failed to do so. The initial case management conference was held on February 4, 2015, and

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neither party appeared.

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Considering that Plaintiff has failed to file proof of service of the complaint and summons,

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failed to file a case management statement pursuant to the Civil Local Rule, failed to file a case

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management statement despite the Court’s order, and failed to appear at the hearing set for the
initial case management conference, the Court hereby ORDERS Plaintiff to show cause why this

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United States District Court
Northern District of California

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case should not be dismissed with prejudice for failure to prosecute. Plaintiff has until February 9,

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2015, to file a written response to this Order to Show Cause. A hearing on this Order to Show

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Cause is hereby set for February 11, 2015, at 2:00 p.m.

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Plaintiff’s failure to respond to this Order and to appear at the February 11, 2015 hearing

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will result in dismissal of this action with prejudice for failure to prosecute.

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IT IS SO ORDERED.

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Dated: February 4, 2015
______________________________________
LUCY H. KOH
United States District Judge

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September 15, 2014, ECF No. 1, which the Court granted the following day, ECF No. 4.
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Case No.: 14-CV-04142-LHK
ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE