Picture Perfect Film Assets, LLC v. The McLaren Art Center et al

Filing 26

MINUTE ORDER TO SHOW CAUSE why this action should not be dismissed for failing to comply with the Order requiring Joint Status Report ( 4 and 13 Minute Orders), Show Cause Response due by 6/16/2017 ; denying Plaintiff's 23 MOTION for Default of William Moore. Authorized by Judge Thomas S. Zilly. (SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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PICTURE PERFECT FILM ASSETS,
Plaintiff,

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C16-1893 TSZ
v.

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MINUTE ORDER
THE MacLAREN ART CENTER, et al.,

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Defendants.
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The following Minute Order is made by direction of the Court, the Honorable
Thomas S. Zilly, United States District Judge:

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(1)
The parties are ORDERED to show cause by June 16, 2017, why this
action should not be dismissed for failing to comply with the Order requiring Joint Status
14 Report signed on December 19, 2016, docket no. 4, as amended by the Minute Order
entered March 14, 2017, docket no. 13. Absent a timely response to this Minute Order,
15 this action shall be DISMISSED without prejudice.
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(2)
Plaintiff’s motion for entry of default against defendant William Moore,
docket no. 23, is DENIED. Although plaintiff arranged for personal service of the First
Amended Complaint, see Aff. of Serv. (docket no. 8), the Second Amended Complaint
was merely mailed to Moore, without any involvement by the Clerk of the Court, to an
address in Innisfil, Ontario, apparently without requiring a signed receipt. See Krikorian
Decl. at ¶ 7 (docket no. 24). This manner of service does not comply with Federal Rule
of Civil Procedure 4(f)(2)(C)(ii). Moreover, according to the United States Postal
Service website, the materials associated with tracking number provided by plaintiff’s
counsel (UA366192304US) departed Seattle on April 13, 2017, but are currently still in
transit to their destination. See https://tools.usps.com/go/TrackConfirmAction?tLabels=
us366192304us (visited May 19, 2017). Because Moore has not yet been properly served
with the Second Amended Complaint, the time period for him to respond has not expired.
See Fed. R. Civ. P. 15(a)(3); see also Minute Order (docket no. 13).

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MINUTE ORDER - 1

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(3)
record.

The Clerk is directed to send a copy of this Minute Order to all counsel of

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Dated this 19th day of May, 2017.
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William M. McCool
Clerk

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s/Karen Dews
Deputy Clerk

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MINUTE ORDER - 2