Lisa M.Kay Allison v. County of Santa Cruz
Filing
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ORDER TO SHOW CAUSE. If Plaintiff does not, by 11/4/2016, either: (1) file documents to show proof of service of the Summons and Complaint on these defendants; or (2) explain in writing why service has not been accomplished in a manner that consti tutes good cause, the court will dismiss the unserved defendants without prejudice. No hearing will be held on the order to show cause unless otherwise ordered by the court. Signed by Judge Edward J. Davila on 11/1/2016. (ejdlc1S, COURT STAFF) (Filed on 11/1/2016)
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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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LISA M. KAY ALLISON,
Case No. 5:16-cv-02494-EJD
Plaintiff,
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ORDER TO SHOW CAUSE
v.
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COUNTY OF SANTA CRUZ, et al.,
United States District Court
Northern District of California
Defendants.
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On May 9, 2016, Plaintiff Lisa M. Kay Allison (“Plaintiff”) filed the Complaint underlying
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this action. To date, however, the docket does not contain a certificate of service or waiver of
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service for several individual defendants, and none of these defendants have appeared in this
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action. In addition, the court observes that Plaintiff failed to file certificates of service for these
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defendants even after being specifically ordered to do so. Dkt. No. 60.
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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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Here, the period for service provided by Rule 4(m) expired on August 30, 2016, according
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to the order issued by Magistrate Judge Nathanael Cousins on August 25, 2016. Dkt. No. 38.
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Accordingly, the court issues the instant Order to Show Cause (“OSC”) why the following
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defendants should not be dismissed for lack of service: C. Logan, S. Buteher, E. Soto, Monte Lee
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Case No.: 5:16-cv-02494-EJD
ORDER TO SHOW CAUSE
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Wilson, and S. Beliz.1 If Plaintiff does not, by November 4, 2016, either: (1) file documents to
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show proof of service of the Summons and Complaint on these defendants; or (2) explain in
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writing why service has not been accomplished in a manner that constitutes good cause, the court
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will dismiss the unserved defendants without prejudice. No hearing will be held on the order to
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show cause unless otherwise ordered by the court.
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IT IS SO ORDERED.
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Dated: November 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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Although there is not a certificate of service for B. Amet, the court has permitted Plaintiff
additional time to locate Amet in light of the discussions at the recent Case Management
Conference. Dkt. No. 60.
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Case No.: 5:16-cv-02494-EJD
ORDER TO SHOW CAUSE
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