Vigneron-Moulin v. Queen's Medical Center, The et al

Filing 10

FINDINGS AND RECOMMENDATION TO DISMISS THIS 1 ACTION. Signed by District Judge BARRY M. KURREN on October 25, 2011. (bbb, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
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Plaintiff,
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vs.
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THE QUEEN’S MEDICAL
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CENTER, et al.,
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Defendants.
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______________________________ )
FRANCOISE
VIGNERON-MOULIN,

CV. NO. 11-00359 LEK-BMK
FINDINGS AND
RECOMMENDATION TO
DISMISS THIS ACTION

FINDINGS AND RECOMMENDATION TO
DISMISS THIS ACTION
Plaintiff Francoise Vigneron-Moulin filed this action on June 6, 2011.
A Rule 16 Scheduling Conference was set for September 7, 2011, but Plaintiff did
not appear and did not file a Scheduling Conference Statement. On September 9,
2011, the Court issued an Order to Show Cause, asking Plaintiff to “show good
cause, if any, why sanctions, including dismissal of this case, should not be
imposed” for Plaintiff’s failure to appear at the Rule 16 Scheduling Conference or
file a Scheduling Conference Statement. (Doc. # 8 at 2-3.) The Order to Show
Cause also stated that “if service is not made by October 4, 2011, Plaintiff shall
show good cause why sanctions should not be imposed for failure to serve
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Defendants.” (Id. at 3.) The Court scheduled a Show Cause Hearing on October
19, 2011 at 9:30 a.m.
On October 19, 2011, Plaintiff did not appear at the Show Cause
Hearing or offer any explanation as to her nonappearance. The Plaintiff also has
not served any of the Defendants or offered any explanation for her failure to serve
the Defendants. See Fed. R. Civ. P. 4(m) (“If a defendant is not served within 120
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.”). Therefore, this Court
FINDS and RECOMMENDS that the case be DISMISSED.
IT IS SO FOUND AND RECOMMENDED.

/s/ Barry M. Kurren
United States Magistrate Judge
Dated: October 25, 2011

FRANCOISE VIGNERON-MOULIN V. THE QUEEN’S MEDICAL CENTER, ET AL.; CV. NO. 11-00359 LEKBMK; FINDINGS AND RECOMMENDATION TO DISMISS THIS ACTION.

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