Ou-Young v. Star One Credit Union et al

Filing 16

ORDER TO SHOW CAUSE. The court issues the instant Order to Show Cause requiring that Plaintiff, no later than 3/28/2017, either: (1) file documents to show proof of service of the Summons and Complaint on defendants; or (2) explain in writing why service has not been accomplished. No hearing will be held on the order to show cause unless otherwise ordered by the court. Signed by Judge Edward J. Davila on 3/21/2017. (ejdlc1S, COURT STAFF) (Filed on 3/21/2017) (Additional attachment(s) added on 3/21/2017: # 1 Certificate/Proof of Service) (amkS, COURT STAFF).

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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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KUANG-BAO P. OU-YOUNG,

Case No. 5:16-cv-07225-EJD

Plaintiff,
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ORDER TO SHOW CAUSE

v.
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STAR ONE CREDIT UNION, et al.,
Defendants.

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On December 19, 2016, Plaintiff Kuang-Bao P. Ou-Young (“Plaintiff”) filed the

United States District Court
Northern District of California

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Complaint underlying this action. To date, however, the docket does not contain a proof of

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service or waiver of service for any defendant, and no defendant has 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) expires on March 20, 2017.

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Accordingly, the court issues the instant Order to Show Cause (“OSC”) requiring that Plaintiff, no

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later than March 28, 2017, either: (1) file documents to show proof of service of the Summons

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and Complaint on defendants; or (2) explain in writing why service has not been accomplished.

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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: March 21, 2017
______________________________________
EDWARD J. DAVILA
United States District Judge

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Case No.: 5:16-cv-07225-EJD
ORDER TO SHOW CAUSE