Zarate v. Plaza Home Mortgage, Inc. et al

Filing 13

ORDER (1) VACATING DISMISSAL, (2) DISCHARGING ORDER TO SHOW CAUSE, (3) EXTENDING DEADLINE FOR SERVING SUMMONS ON DEFENDANTS, AND (4) RESETTING CASE MANAGEMENT CONFERENCE. Signed by Judge Beth Labson Freeman on 1/5/2017. Initial Case Management Conference set for 4/20/2017 11:00 AM in Courtroom 3, 5th Floor, San Jose. (blflc2S, COURT STAFF) (Filed on 1/5/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 AGUSTIN ZARATE, Case No. 16-cv-04275-BLF Plaintiff, 9 v. 10 11 PLAZA HOME MORTGAGE, INC., et al., United States District Court Northern District of California Defendants. 12 ORDER (1) VACATING DISMISSAL, (2) DISCHARGING ORDER TO SHOW CAUSE, (3) EXTENDING DEADLINE FOR SERVING SUMMONS ON DEFENDANTS, AND (4) RESETTING CASE MANAGEMENT CONFERENCE 13 14 On December 2, 2016, the Court issued an Order to Show Cause (“OSC”) why the case 15 should not be dismissed for Plaintiff Agustin Zarate’s failure to serve defendants within 90 days 16 after the complaint was filed. ECF 9. In response to the OSC, Zarate has asked the Court for an 17 extension of the time within which to serve Defendants. ECF 10. Zarate stated in his response 18 that he was not able to timely serve Defendants because of other court proceedings, death in the 19 family, and for other reasons. Id. Before the Clerk’s Office was able to docket Zarate’s timely 20 response to the OSC, the Court issued a dismissal, which it now VACATES. Additionally, 21 finding good cause, the Court DISCHARGES the prior OSC and GRANTS the motion to extend 22 the deadline for Zarate to serve the Defendants. Plaintiff shall file a valid proof of service for each 23 Defendant on or before March 6, 2017. 24 25 26 Additionally, the Court RESETS the previously vacated case management conference for April 20, 2017, at 11:00 a.m. If Plaintiff does not file a valid proof of service for each Defendant on or before March 6, 27 2017, the Court will dismiss the action against all Defendants pursuant to Rule of Civil Procedure 28 41(b) without further notice. Fed. R. Civ. P. 41(b); Hells Canyon Pres. Council v. U.S. Forest 1 2 Serv., 403 F.3d 683, 689 (9th Cir. 2005). IT IS SO ORDERED. 3 4 5 6 Dated: January 5, 2017 ______________________________________ BETH LABSON FREEMAN United States District Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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