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)

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Case 5:21-cv-06488-VKD Document 15 Filed 01/07/22 Page 1 of 2 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 AUDREY L. KIMNER, Plaintiff, 9 United States District Court Northern District of California ORDER TO SHOW CAUSE RE DISMISSAL v. 10 11 Case No. 21-cv-06488-VKD PETER HANN, et al., Defendants. 12 13 14 On October 26, 2021, in view of Ms. Kimner’s proof of her payment of the filing fee, the 15 Court issued an order advising Ms. Kimner that she is responsible for properly serving defendants 16 with process. Dkt. No. 12. That order further advised that as a first step, Ms. Kimner must fill out 17 summons form(s) and present them to the Clerk’s Office for signature and seal. Id. at 2 (citing 18 Fed. R. Civ. P. 4(c)(1)). Additionally, the Court extended the service deadline from November 22, 19 2021 to January 6, 2022, noting that “[i]f Ms. Kimner does not properly serve defendants by 20 January 6, 2022, this action will be subject to dismissal pursuant to Rule 4(m), unless she shows 21 good cause for a further extension of the service deadline.” Id. at 3. 22 The docket reflects that Ms. Kimner requested defendants’ waiver of service on or around 23 November 10, 2021. Dkt. No. 14. However, the docket does not reflect submission of a form of 24 summons or issuance of summons. Nor is there any indication regarding the current status of Ms. 25 Kimner’s efforts to serve defendants with the complaint and summons or to obtain a waiver of 26 service. 27 28 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 1 2 3 properly serve the defendants or failure to prosecute this action. IT IS SO ORDERED. Dated: January 7, 2022 4 5 VIRGINIA K. DEMARCHI United States Magistrate Judge 6 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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