Herrera v. Experian Information Solutions, Inc. et al

Filing 94

ORDER TERMINATING 73 CREDIT BUREAU SYSTEMS, INC.'S MOTION TO DISMISS AS MOOT; AND ORDERING PLAINTIFF TO SHOW CAUSE WHY DEFENDANT CREDIT BUREAU SYSTEMS, INC. SHOULD NOT BE DISMISSED FOR FAILURE TO EFFECT TIMELY SERVICE OF PROCESS. Show Cause Response due by 7/11/2016. Signed by Judge Beth Labson Freeman on 6/27/2016. (blflc1S, COURT STAFF) (Filed on 6/27/2016)

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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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ELIZABETH HERRERA,

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Case No. 15-cv-04612-BLF

Plaintiff,
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ORDER TERMINATING CREDIT
BUREAU SYSTEMS, INC.’S MOTION
TO DISMISS AS MOOT; AND
ORDERING PLAINTIFF TO SHOW
CAUSE WHY DEFENDANT CREDIT
BUREAU SYSTEMS, INC. SHOULD
NOT BE DISMISSED FOR FAILURE
TO EFFECT TIMELY SERVICE OF
PROCESS

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[Re: ECF 73]

v.
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KELKRIS ASSOCIATES, INC., et al.,

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United States District Court
Northern District of California

Defendants.
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The motion to dismiss filed by Defendant Credit Bureau Systems, Inc. and set for hearing

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on July 7, 2016, ECF 73, is TERMINATED AS MOOT in light of Plaintiff’s subsequent filing of

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a first amended complaint, ECF 82.

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On April 5, 2016, the Court approved a stipulated order submitted by Plaintiff and

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Defendant Credit Bureau Systems, Inc. which voided service of process against Defendant Credit

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Bureau Systems, Inc. See Order Approving Stipulation to Void Service of Process, ECF 84. The

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stipulated order provided that Plaintiff would file a new proof of service showing service of

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process on Defendant Credit Bureau Systems, Inc. Plaintiff has not done so and the deadline for

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serving Defendant Credit Bureau Systems, Inc. has expired. See Fed. R. Civ. P. 4(m).1

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Rule 4(m) was amended, effective December 1, 2015, to shorten the time for service from 120
days to 90 days. This Court applies the 120-day rule that was in effect when Plaintiff filed the
complaint on October 6, 2015. See Malibu Media, LLC v. Doe, No. C 15-04443 WHA, 2016 WL
3383759, at *1 n.* (N.D. Cal. June 20, 2016) (applying prior version of Rule 4(m) to complaint
filed prior to amendment’s effective date).

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Accordingly, Plaintiff is ORDERED TO SHOW CAUSE, in writing and on or before July

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11, 2016, why Defendant Credit Bureau Systems, Inc. should not be dismissed for failure to effect

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timely service of process.

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IT IS SO ORDERED.

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Dated: June 27, 2016
______________________________________
BETH LABSON FREEMAN
United States District Judge

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United States District Court
Northern District of California

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