Coulter v. Experian Information Solutions, Inc. et al

Filing 34

ORDER TO SHOW CAUSE. Show Cause Response due by 1/20/2016. Signed by Judge Beth Labson Freeman on 12/21/2015. (blflc3S, COURT STAFF) (Filed on 12/21/2015)

1

UNITED STATES DISTRICT COURT

2

NORTHERN DISTRICT OF CALIFORNIA

3

SAN JOSE DIVISION

4
5

JOY COULTER,

Case No. 15-cv-03122-BLF

Plaintiff,
6
v.

ORDER TO SHOW CAUSE

7
8
9
10

CAPITAL ONE FINANCIAL
CORPORATION, et al.,
Defendants.
To Plaintiff Joy Coulter, you are hereby ORDERED to SHOW CAUSE in writing, on or

United States District Court
Northern District of California

11

before January 20, 2016, why Defendants First National Credit Card, Inc. and United Finance

12

should not be dismissed from this action for failure to prosecute.

13

This case was removed from the Santa Clara County Superior Court on July 6, 2015. Since

14

then, Plaintiff has dismissed six of the defendants. There is no indication on the docket that

15

Defendants First National Credit Card, Inc. and United Finance have been served with process.

16

The Federal Rules of Civil Procedure do not contemplate an indefinite and indeterminate

17

delay in the service of process. See Fed. R. Civ. P. 4(m). In fact, the newly amended Federal Rules

18

of Civil Procedure seek to reduce the delay in the early stages of litigation by reducing the time to

19

serve a defendant from 120 days to 90 days. Id.

20
21
22
23
24
25
26
27
28

Here, Plaintiff has not complied with Fed. R. Civ. P. 4(m), which requires defendants to be
served within 120 days after the complaint is filed. Accordingly, the Court ORDERS Plaintiff Joy
Coulter TO SHOW CAUSE why this case should not be dismissed for failure to prosecute.
Plaintiff shall submit a written response on or before January 20, 2016. The Court advises
Plaintiff that a failure to respond to the order to show by January 20, 2016 will result in the
dismissal of Defendants First National Credit Card, Inc. and United Finance without prejudice.
IT IS SO ORDERED.
Dated: December 21, 2015

______________________________________
BETH LABSON FREEMAN
United States District Judge