Kihagi v. City of San Francisco

Northern District of California, cand-4:2015-cv-01168

ORDER TO SHOW CAUSE. Response due within 14 days. Hearing on motion to stay continued to 1/21/2016 at 11:00 AM. Signed by Judge Kandis A. Westmore on 11/24/15. (kawlc2S, COURT STAFF)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 ANNA KIHAGI, et al., 7 Case No. 15-cv-01168-KAW Plaintiffs, 8 v. ORDER TO SHOW CAUSE 9 CITY OF SAN FRANCISCO, Re: Dkt. No. 1 10 CALIFORNIA, et al., 11 Defendants. 12 Northern District of California United States District Court 13 On March 12, 2015, Plaintiffs Anna Kihagi, Xelan Prop 1, LLC, Renka Prop, LLC, and 14 Zoriall LLC commenced the above-captioned case against the City of San Francisco and city 15 employees Victoria L. Weatherford and Michael Weiss. Plaintiffs filed an amended complaint on 16 May 18, 2015. In the amended complaint, the City and four city employees, Victoria L. 17 Weatherford, Michael Weiss, Tony Pelea, and Maricio Hernandez, are named as Defendants. 18 On June 30, 2015, the City filed a motion to stay the action pending resolution of parallel 19 state court proceedings. The Court has twice continued the hearing on the motion because the 20 individual defendants have not been served in the case. As of the filing of this order, Plaintiffs 21 have not filed a certificate of service showing that the individual defendants have been served. 22 Federal Rule of Civil Procedure 4(m) provides that "[i]f a defendant is not served 120 days 23 after the complaint is filed, the court. . . must dismiss the action without prejudice against the 24 defendant. . . ." As that 120-day period has elapsed without Plaintiffs filing a certificate of 25 service showing that the individual defendants have been served, the Court hereby orders Plaintiffs 26 to show cause why the Court should not dismiss this case as against the individual defendants 27 pursuant to Federal Rule of Civil Procedure 4(m). Plaintiff shall file a written response to this 28 order to show cause within 14 days. The motion hearing currently set for December 3, 2015 is 1 CONTINUED to January 21, 2016 pending resolution of these service issues. 2 IT IS SO ORDERED. 3 Dated: 11/24/15 __________________________________ 4 KANDIS A. WESTMORE 5 United States Magistrate Judge 6 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