Serna v. Experian Information Solutions, Inc. et al

Filing 67

ORDER TO SHOW CAUSE. The 120-day period for service provided by Rule 4(m) expired on December 2, 2015. Accordingly, the court issues the instant Order to Show Cause ("OSC") requiring that Plaintiff, no later than December 18, 2015, eith er: (1) file documents to show proof of service of the Summons and Complaint on CMS; 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 12/11/2015. (ecg, COURT STAFF) (Filed on 12/11/2015)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

NORTHERN DISTRICT OF CALIFORNIA

9

SAN JOSE DIVISION

10
11

CHRISTINA SERNA,

Case No. 5:15-cv-03856-EJD

United States District Court
Northern District of California

Plaintiff,
12

ORDER TO SHOW CAUSE

v.
13
14

EXPERIAN INFORMATION SOLUTIONS,
INC., et al.,
Defendants.

15
16

On August 4, 2015, Plaintiff Christina Serna (“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 Defendant Collection Management Systems (“CMS”), and CMS has not appeared in this

19

action.

20
21

The then-effective version of Rule 4(m) of the Federal Rules of Civil Procedure provided
in pertinent part:

25

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.

26

The 120-day period for service provided by Rule 4(m) expired on December 2, 2015.

22
23
24

27
28

Accordingly, the court issues the instant Order to Show Cause (“OSC”) requiring that Plaintiff, no
1
Case No.: 5:15-cv-03856-EJD
ORDER TO SHOW CAUSE

1

later than December 18, 2015, either: (1) file documents to show proof of service of the Summons

2

and Complaint on CMS; or (2) explain in writing why service has not been accomplished. No

3

hearing will be held on the order to show cause unless otherwise ordered by the court.

4
5
6

IT IS SO ORDERED.
Dated: December 11, 2015
______________________________________
EDWARD J. DAVILA
United States District Judge

7
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.: 5:15-cv-03856-EJD
ORDER TO SHOW CAUSE