Wade v. Experian Information Solutions, Inc. et al
Filing
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ORDER TO SHOW CAUSE. The court issues the instant OSC requiring that Plaintiff, no later than 12/28/2015 either: (1) file documents to show proof of service of the Summons and Complaint on Defendants; 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 12/18/2015. (ejdlc1S, COURT STAFF) (Filed on 12/18/2015)
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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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TONETTA WADE,
Case No. 5:15-cv-03862-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., et al.,
Defendants.
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On August 4, 2015, Plaintiff Tonetta Wade (“Plaintiff”) filed the Complaint underlying
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this action. Having reviewed the docket, however, the court is unable to locate proofs of service
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or waivers of service for Defendants Verizon Communications, Inc., HSBC Holdings PLC, Kohl’s
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Corporation, Escallate, LLC, or Bryant, Inc. (“Defendants”), and Defendants have not appeared in
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this action.
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The then-effective version of Rule 4(m) of the Federal Rules of Civil Procedure provided
in pertinent part:
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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 December 2, 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 December 28, 2015, either: (1) file documents to show proof of service of the Summons
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and Complaint on Defendants; or (2) explain in writing why service has not been accomplished.
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Case No.: 5:15-cv-03862-EJD
ORDER TO SHOW CAUSE
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No hearing will be held on the order to show cause unless otherwise ordered by the court.
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IT IS SO ORDERED.
Dated: December 18, 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-03862-EJD
ORDER TO SHOW CAUSE
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