Kimner v. Hann et al

Filing 15

ORDER TO SHOW CAUSE RE DISMISSAL. Show Cause Response due by 1/21/2022. Signed by Magistrate Judge Virginia K. DeMarchi on 1/7/2022. (vkdlc2, COURT STAFF) (Filed on 1/7/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

Case 5:21-cv-06488-VKD Document 15 Filed 01/07/22 Page 1 of 2

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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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AUDREY L. KIMNER,
Plaintiff,

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United States District Court
Northern District of California

ORDER TO SHOW CAUSE RE
DISMISSAL

v.

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Case No. 21-cv-06488-VKD

PETER HANN, et al.,
Defendants.

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On October 26, 2021, in view of Ms. Kimner’s proof of her payment of the filing fee, the

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Court issued an order advising Ms. Kimner that she is responsible for properly serving defendants

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with process. Dkt. No. 12. That order further advised that as a first step, Ms. Kimner must fill out

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summons form(s) and present them to the Clerk’s Office for signature and seal. Id. at 2 (citing

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Fed. R. Civ. P. 4(c)(1)). Additionally, the Court extended the service deadline from November 22,

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2021 to January 6, 2022, noting that “[i]f Ms. Kimner does not properly serve defendants by

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January 6, 2022, this action will be subject to dismissal pursuant to Rule 4(m), unless she shows

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good cause for a further extension of the service deadline.” Id. at 3.

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The docket reflects that Ms. Kimner requested defendants’ waiver of service on or around

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November 10, 2021. Dkt. No. 14. However, the docket does not reflect submission of a form of

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summons or issuance of summons. Nor is there any indication regarding the current status of Ms.

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Kimner’s efforts to serve defendants with the complaint and summons or to obtain a waiver of

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service.

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Accordingly, by January 21, 2022, Ms. Kimner shall file a written response to this order
and show cause why the Court should not recommend dismissal of this action for her failure to

Case 5:21-cv-06488-VKD Document 15 Filed 01/07/22 Page 2 of 2

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properly serve the defendants or failure to prosecute this action.
IT IS SO ORDERED.
Dated: January 7, 2022

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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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