Chavez v. Bank of America Corporation

Northern District of California, cand-4:2015-cv-02756

ORDER Discharging {{6}} Order to Show Cause. Signed by Judge Kandis A. Westmore on 12/16/15. (kawlc2S, COURT STAFF)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 LUCIA B. CHAVEZ, 7 Case No. 15-cv-02756-KAW Plaintiff, 8 v. ORDER DISCHARGING ORDER TO 9 SHOW CAUSE BANK OF AMERICA CORPORATION, 10 Defendant. 11 12 Northern District of California United States District Court 13 This action was filed on June 18, 2015. (Compl., Dkt. No. 1.) Pursuant to Rule 4(m) of the 14 Federal Rules of Civil Procedure, Plaintiff has 120 days to complete service of the complaint and 15 summons on Defendant, such that October 16, 2015 was the last day to complete service. The 16 Case Management Conference (CMC) originally scheduled for September 22, 2015 was continued 17 to December 1, 2015, because Defendant had not been served 7 days prior to the original CMC 18 date. (Clerk's Notice, Dkt. No. 5.) As of November 30, 2015, Plaintiff had not filed a certificate 19 of service showing that Defendant was served. Nor had a summons been issued in this case. 20 In light of this, the Court ordered Plaintiff to show cause why this matter should not be 21 dismissed for failure to comply with the deadline set forth in Rule 4(m).1 Plaintiff was to file a 22 written response to the order to show cause by December 14, 2015. 23 Plaintiff timely filed a written response.2 Having reviewed the response, the Court finds 24 good cause to extend the deadline for service of the summons and complaint. Within 30 days of 25 1 26 Federal Rule of Civil Procedure 4(m) provides that "[i]f a defendant is not served 120 days after the complaint is filed, the court. . . must dismiss the action without prejudice against the 27 defendant. . . ." It should be noted that effective December 1, 2015, the time for service was reduced from 120 days to 90 days. 28 2 Plaintiff also filed her consent to magistrate judge jurisdiction pursuant to 28 U.S.C. § 636(c). 1 this order, Plaintiff shall serve Defendant, and she shall promptly file proof of such service with 2 the Court. The Court's order to show cause is hereby DISCHARGED. 3 IT IS SO ORDERED. 4 Dated: 12/16/15 5 ______________________________________ KANDIS A. WESTMORE 6 United States Magistrate Judge 7 8 9 10 11 12 Northern District of California United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2