Geller et al v. Steiny and Company Inc

Northern District of California, cand-4:2015-cv-01452

ORDER TO SHOW CAUSE. Case Management Conference continued to 12/29/2015 at 01:30 PM. Case Management Statement due by 12/22/2015. Signed by Judge Kandis A. Westmore on 09/30/2015. (kawlc2S, COURT STAFF)

Interested in this case?

Current View

Full Text

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 MIKE GELLER, et al., 7 Case No. 15-cv-01452-KAW Plaintiffs, 8 v. ORDER TO SHOW CAUSE 9 STEINY AND COMPANY INC, Re: Dkt. No. 1 10 Defendant. 11 12 Northern District of California United States District Court 13 Plaintiffs Mike Geller and Ronald Bennett commenced the above-captioned case on March 14 30, 2015. (Compl., Dkt. No. 1.) The initial case management conference was set for June 30, 15 2015. (Scheduling Order, Dkt. No. 3.) On June 19, 2015, the Court, sua sponte, continued the 16 initial case management conference to August 11, 2015 because Plaintiffs had not filed a 17 certificate of service showing that the Defendant had been served with a copy of the summons and 18 complaint. Because no certificate of service was on file by July 30, 2015, the Court once again 19 continued the initial case management conference. That is currently on calendar for October 13, 20 2015. 21 Federal Rule of Civil Procedure 4(m) provides that "[i]f a defendant is not served 120 days 22 after the complaint is filed, the court. . . must dismiss the action without prejudice against the 23 defendant. . . ." In this case, the deadline for service of the summons and complaint was July 28, 24 2015. As of the filing of this order, however, Plaintiffs have not filed a certificate of service 25 indicating that the defendant has been served. 26 Accordingly, the Court hereby orders Plaintiffs to show cause why this case should not be 27 dismissed for failure to serve the summons and complaint as required by Federal Rule of Civil 28 Procedure 4(m). Plaintiff shall file a written response to this order to show cause by October 13, 1 2015. Failure to file a response to this order may result in dismissal of this action. 2 The case management conference currently set for October 13, 2015 is continued to 3 December 29, 2015 at 1:30 p.m. 4 IT IS SO ORDERED. 5 Dated: 09/30/2015 __________________________________ 6 KANDIS A. WESTMORE 7 United States Magistrate Judge 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