Johnson v. The Pastaria & Market

Filing 10

ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED. Show Cause Response due by 1/18/2022. Order to Show Cause Hearing set for 1/27/2022 10:00 AM. Signed by Judge Edward J. Davila on 1/7/2022. (ejdlc1, COURT STAFF) (Filed on 1/7/2022)

Case 5:21-cv-06941-EJD Document 10 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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SCOTT JOHNSON,
Plaintiff,

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United States District Court
Northern District of California

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v.

Case No. 5:21-cv-06941-EJD
ORDER TO SHOW CAUSE WHY
ACTION SHOULD NOT BE
DISMISSED

THE PASTARIA & MARKET,
Defendant.

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Plaintiff Scott Johnson filed the present action on September 8, 2021. Dkt. No. 1.

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Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, Plaintiff’s last day to complete

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service on Defendant or to file a motion for administrative relief from the service deadline was

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December 7, 2021. The docket does not indicate that Plaintiff completed service on Defendant or

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that Defendant has waived service of summons.

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

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

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

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The service deadline will be extended upon a showing of good cause. Id. In the present action,

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the 90-day deadline for completing service has long since passed, and no showing of good cause

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has been made to extend the deadline.

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Accordingly, Plaintiff is directed to appear before the Court on January 27, 2022, at

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10:00 a.m. and show cause why this action should not be dismissed without prejudice for failure

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to timely complete service of process and for failure to prosecute. If Plaintiff contests dismissal of

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Case No.: 5:21-cv-06941-EJD
OSC WHY ACTION SHOULD NOT BE DISMISSED
1

Case 5:21-cv-06941-EJD Document 10 Filed 01/07/22 Page 2 of 2

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Defendant, he shall file a response to this order no later than January 18, 2022. If Plaintiff fails

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to file a written response by the above deadline, the Court will dismiss the action without

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prejudice pursuant to Federal Rule of Civil Procedure 41(b).

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IT IS SO ORDERED.
Dated: January 7, 2022

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EDWARD J. DAVILA
United States District Judge

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United States District Court
Northern District of California

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Case No.: 5:21-cv-06941-EJD
OSC WHY ACTION SHOULD NOT BE DISMISSED
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