Alias v. Wells Fargo Bank, N.A. et al

Filing 27

ORDER TO SHOW CAUSE. The court issues the instant OSC requiring that Plaintiff, no later than 9/30/2015 either: (1) file documents to show proof of service of the Summons and Complaint on TransUnion, GMAC, County Financial, and Schools Financial; 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. Signed by Judge Edward J. Davila on 9/23/2015. (ejdlc1S, COURT STAFF) (Filed on 9/23/2015)

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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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SABRENA ALIAS,

Case No. 5:15-cv-03057-EJD

Plaintiff,
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ORDER TO SHOW CAUSE

v.
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WELLS FARGO BANK, N.A., et al.,

United States District Court
Northern District of California

Defendants.
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On May 19, 2015, Plaintiff Sabrena Alias (“Plaintiff”) filed the Complaint underlying this

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

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Defendants TransUnion, LLC (“TransUnion”), GMAC Mortgage, LLC (“GMAC”), County

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Financial Services (“County Financial”), and Schools Financial Credit Union (“Schools

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Financial”). Nor have any of these Defendants appeared in 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.
The 120-day period for service provided by Rule 4(m) expired on September 16, 2015.
Accordingly, the court issues the instant Order to Show Cause (“OSC”) requiring that Plaintiff, no
later than September 30, 2015, either: (1) file documents to show proof of service of the
Summons and Complaint on TransUnion, GMAC, County Financial, and Schools Financial; or (2)
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Case No.: 5:15-cv-03057-EJD
ORDER TO SHOW CAUSE

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explain in writing why service has not been accomplished. No hearing will be held on the order to

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show cause unless otherwise ordered by the court.

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Plaintiff is notified that the court will dismiss TransUnion, GMAC, County Financial, and

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Schools Financial if Plaintiff fails to comply with this OSC or otherwise fails to show good cause

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as directed above.

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IT IS SO ORDERED.
Dated: September 23, 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-03057-EJD
ORDER TO SHOW CAUSE