Mathieu v. Equifax Inc.

Filing 25

ORDER TO SHOW CAUSE. The court issues the instant OSC requiring that Plaintiff, no later than 10/8/2015, either: (1) file documents to show proof of service of the Summons and Complaint on Experian; or (2) explain in writing why service has not been accomplished. In light of this order, the Case Management Conference scheduled for 10/8/2015 is VACATED. Signed by Judge Edward J. Davila on 10/5/2015. (ejdlc1S, COURT STAFF) (Filed on 10/5/2015)

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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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DARRELL MATHIEU,

Case No. 5:15-cv-03053-EJD

Plaintiff,
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ORDER TO SHOW CAUSE

v.
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United States District Court
Northern District of California

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EXPERIAN INFORMATION SOLUTIONS,
INC.,
Defendant.

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On April 3, 2015, Plaintiff Darrell Mathieu (“Plaintiff”) filed the Complaint underlying

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

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for Defendant Experian Information Solutions, Inc. (“Experian”). Nor has Experian appeared in

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this action.

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The currently-effective version of Rule 4(m) of the Federal Rules of Civil Procedure
provides in pertinent part:
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 August 1, 2015.

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

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later than October 8, 2015, either: (1) file documents to show proof of service of the Summons

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and Complaint on Experian; 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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Case No.: 5:15-cv-03053-EJD
ORDER TO SHOW CAUSE

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Plaintiff is notified that the court will dismiss Experian if Plaintiff fails to comply with this
OSC or otherwise fails to show good cause as directed above.
In light of this order, the Case Management Conference scheduled for October 8, 2015, is
VACATED.

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IT IS SO ORDERED.
Dated: October 5, 2015
______________________________________
EDWARD J. DAVILA
United States District Judge

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United States District Court
Northern District of California

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Case No.: 5:15-cv-03053-EJD
ORDER TO SHOW CAUSE