Chakweva v. Experian Information Solutions, Inc. et al

Filing 34

ORDER TO SHOW CAUSE. If Plaintiff does not, no later than 8/8/2016, either: (1) file documents to show proof of service of the Summons and Complaint on Experian; or (2) explain in writing why service has not been accomplished, the court will dismiss Experian without prejudice. Signed by Judge Edward J. Davila on 8/1/2016. (ejdlc1S, COURT STAFF) (Filed on 8/1/2016)

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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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KANOSI CHAKWEVA,

Case No. 5:16-cv-02231-EJD

United States District Court
Northern District of California

Plaintiff,
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ORDER TO SHOW CAUSE

v.
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EXPERIAN INFORMATION SOLUTIONS,
INC., et al.,
Defendants.
On April 25, 2016, Plaintiff Kanosi Chakweva (“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 Experian Information Solutions, Inc., and Experian has not 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 24, 2016.

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Accordingly, the court issues the instant Order to Show Cause why Experian should not be

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dismissed without prejudice for lack of service. If Plaintiff does not, no later than August 8, 2016,

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either: (1) file documents to show proof of service of the Summons and Complaint on Experian; or

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Case No.: 5:16-cv-02231-EJD
ORDER TO SHOW CAUSE

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(2) explain in writing why service has not been accomplished, the court will so order. No hearing

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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 1, 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-02231-EJD
ORDER TO SHOW CAUSE