Betten v. Berryhill

Filing 11

ORDER re: 9 Order to Show Cause. The Court hereby ADMONISHES Plaintiff and his attorneys (Jenna Barson and John Shook) for failing to comply with clear deadlines. The Court expects strict compliance with deadlines moving forward and failure to do so may result in the imposition of sanctions, up to and including dismissal.The Court will extend the deadline to effectuate service through August 20, 2018. A proof of service shall be filed by that date.In all other respects, the order to show cause is hereby DISCHARGED. Signed by Magistrate Judge Nancy J. Koppe on 8/13/2018. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ROBERT D. BETTEN,

Case No.: 2:18-cv-00536-KJD-NJK

Plaintiff(s),

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v.

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NANCY A. BERRYHILL,

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Order

Defendant(s).

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Pending before the Court is an order to show cause why this case should not be dismissed

17 for failing to effectuate service by the applicable deadline. Docket No. 9. Plaintiff has now
18 responded that service was not completed due to an unspecified clerical error and an unspecified
19 misunderstanding by Plaintiff’s counsel. Docket No. 10. This is not the first time Plaintiff has
20 failed to comply with clear deadlines in this case. See Docket No. 3. The Court hereby
21 ADMONISHES Plaintiff and his attorneys (Jenna Barson and John Shook) for failing to comply
22 with clear deadlines. The Court expects strict compliance with deadlines moving forward and
23 failure to do so may result in the imposition of sanctions, up to and including dismissal.
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The Court may exercise its discretion to extend the deadline to effectuate service even in

25 the absence of good cause. See In re Sheehan, 253 F.3d 507, 512-13 (9th Cir. 2001). In this case,
26 the Court will extend the deadline to effectuate service through August 20, 2018. A proof of
27 service shall be filed by that date.
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In all other respects, the order to show cause is hereby DISCHARGED.

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IT IS SO ORDERED.

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Dated: August 13, 2018
______________________________
Nancy J. Koppe
United States Magistrate Judge

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