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