Adkins v. Experian Information Solutions, Inc. et al

Filing 45

ORDER TO SHOW CAUSE. If Plaintiff does not, no later than 8/19/2016, either: (1) file documents to show proof of service of the Summons and Complaint on Pacific Monarch; or (2) explain in writing why service has not been accomplished, the court will dismiss Pacific Monarch. Signed by Judge Edward J. Davila on 8/15/2016. (ejdlc1S, COURT STAFF) (Filed on 8/15/2016)

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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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NADINE ADKINS,

Case No. 5:16-cv-02150-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 April 21, 2016, Plaintiff Nadine Adkins (“Plaintiff”) filed the Complaint underlying

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

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for Defendant Pacific Monarch Resorts, Inc. (“Pacific Monarch”), and Pacific Monarch has not

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appeared in this action.

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Rule 4(m) of the Federal Rules of Civil Procedure provides in pertinent part:

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If a defendant is not served within 90 days after the complaint is
filed, the court - on motion or on its own after notice to the plaintiff
- must dismiss the action without prejudice against that defendant or
order that service be made within a specified time. But if the
plaintiff shows good cause for the failure, the court must extend the
time for service for an appropriate period.

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The 90-day period for service provided by Rule 4(m) expired on July 20, 2016.
Accordingly, the court issues the instant Order to Show Cause why Pacific Monarch should not be
dismissed without prejudice for lack of service. If Plaintiff does not, no later than August 19,
2016, either: (1) file documents to show proof of service of the Summons and Complaint on
Pacific Monarch; or (2) explain in writing why service has not been accomplished, the court will
so order.

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Case No.: 5:16-cv-02150-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: August 15, 2016
______________________________________
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.: 5:16-cv-02150-EJD
ORDER TO SHOW CAUSE