Johnson v. Harvest Investment Management, LLC

Filing 9

ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED. Order to Show Cause Hearing set for 8/21/2018 10:00 AM. Show Cause Response due by 8/16/2018. Signed by Judge Virginia K. DeMarchi on 8/10/2018. (vkdlc1S, COURT STAFF) (Filed on 8/10/2018)

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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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SCOTT JOHNSON,
Plaintiff,

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United States District Court
Northern District of California

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Case No.18-cv-01627-VKD
ORDER TO SHOW CAUSE WHY
ACTION SHOULD NOT BE DISMISSED

v.
HARVEST INVESTMENT
MANAGEMENT, LLC,
Defendant.

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Plaintiff Scott Johnson filed the present action on March 15, 2018. Dkt. No. 1. Summons

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issued the same day. Dkt. No. 6. Pursuant to General Order No. 56, Mr. Johnson’s last day to

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complete service on defendant Harvest Investment Management, LLC or to file a motion for

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administrative relief from the service deadline was May 14, 2018. Dkt. No. 5. The docket does

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not indicate that service has been completed. Mr. Johnson has not filed a motion for

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administrative relief from the May 14, 2018 service deadline.

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“If a defendant is not served within 90 days after the complaint is filed, the court—on motion

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or on its own after notice to the plaintiff—must dismiss the action without prejudice against that

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defendant or order that service be made within a specified time.” Fed. R. Civ. P. 4(m). The service

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deadline will be extended upon a showing of good cause. Id. In the present action, the 90-day

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deadline for completing service has long since passed and no showing of good cause has been

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made to extend the deadline.

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Accordingly, Mr. Johnson’s attorneys, Chris Carson, Dennis Jay Price II, Mary Irene

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Melton, and Phyl Grace, are directed to file a written response to this order by Thursday, August

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16, 2018 and to appear before this Court on August 21, 2018, 10:00 a.m. in Courtroom 2 of the

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United States District Court, 280 South First Street, San Jose, California and show cause why this

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action should not be dismissed, without prejudice, for failure to timely complete service of

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process.

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IT IS SO ORDERED.
Dated: August 10, 2018

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VIRGINIA K. DEMARCHI
United States Magistrate Judge

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United States District Court
Northern District of California

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