Conger v. Home Depot USA et al

Filing 11

ORDER TO SHOW CAUSE- Plaintiffs are directed to respond in writing by 10/2/20 and inform the Court of the status of the case and intentions to proceed re: Defendant Linyi Heng Sheng Wood Industry Co. Failure to do so will result in dismissal as to this defendant. Signed by Magistrate Judge Dustin B. Pead on 9/25/20. (alf)

FILED
2020 SEP 25 AM 9:40
CLERK
U.S. DISTRICT COURT

IN THE UNITED STATE DISTRICT COURT
STATE OF UTAH, NORTHERN DIVISION

BONNIE LOU CONGER,
Plaintiff,

ORDER TO SHOW CAUSE

vs.

Case No. 1:20-cv-00043-DBP

HOME DEPOT USA, TARACA
PACIFIC, LINYI HENG SHENG WOOD
INDUSTRY CO.,

Magistrate Judge Dustin B. Pead

Defendants.

On April 24, 2020, pursuant to 28 U.S.C. §§ 1332, 1441 and 1446, Defendant Home
Depot removed the above entitled action to federal court. (ECF No. 2.) Defendants Home Depot
and Taraca Pacific have accepted service and filed Answers. (ECF No. 2-2; 2-3; 4-2; 4-7; 8; 9.)
There is no indication, however, that Defendant Linyi Heng Sheng Wood Industry Co. has been
served and the time within which to do so has expired.
Federal Rule of Civil Procedure 4(m) requires service within 90 days after a complaint is
filed. Specifically, the rule states:
If defendant is not served within 90 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.
But if the plaintiff shows good cause for the failure, the court
must extend the time for service for an appropriate period.
Fed. R. Civ. P. 4(m).

1

Accordingly, Plaintiff is hereby Ordered to Show Cause, within seven (7) days of the date
of this Order, as to why her claims against Defendant Linyi Heng Sheng Wood Industry Co.
should not be dismissed for failure to effect timely service. Plaintiffs’ failure to show cause by
October 2, 2020 will result in a recommendation of dismissal as to this Defendant.
DATED this 25th day of September, 2020.
BY THE COURT

________________________________
DUSTIN B. PEAD
Magistrate Judge
United States District Court

2