Pineda et al v. United States of America et al
Filing
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ORDER to SHOW CAUSE Why Action Should Not Be Dismissed: Plaintiffs Show Cause Response due by 12/1/2011. signed by Magistrate Judge Barbara A. McAuliffe on 11/16/2011. (Herman, H)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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TAMMY PINEDA and SERGIO PINEDA,
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CASE NO. 1:11-cv-00878 - - BAM
Plaintiffs,
ORDER TO SHOW CAUSE WHY ACTION
SHOULD NOT BE DISMISSED
vs.
UNITED STATES OF AMERICA, et al.
Defendants.
/
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On May 31, 2011, Tammy Pineda and Sergio Pineda (“Plaintiffs”) filed this action against
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defendants United States of America, James A. Kraus, M.D., Susan Kraus, M.D., Enrique Talamantes,
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PA-C, Silvia Diego, M.D., and Vikram Khanna, M.D (collectively, the “Defendants”). To date,
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Plaintiffs have failed to file proofs of service of the summons and complaint on Defendants.
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Federal Rule of Civil Procedure 4(m) addresses the time limit to serve a summons and complaint:
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If a defendant is not served within 120 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.
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Rule 4(m) “encourages efficient litigation by minimizing the time between commencement of an action
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and service of process.” Electric Specialty Co. v. Road and Ranch Supply, Inc., 967 F.2d 309, 311 (9th
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Cir. 1992) (addressing former F.R.Civ.P. 4(j)).
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Accordingly, this Court ORDERS Plaintiffs, no later than December 1, 2011, to file papers to
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show good cause why Plaintiffs’ claims should not be dismissed due to failure to timely serve
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Defendants with a summons and complaint. The Court will discharge this Order to Show Cause if, prior
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to December 1, 2011, Plaintiffs: (1) serves Defendants with a summons and complaint and files proof
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of such service; or (2) dismisses this action.
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The Court will recommend dismissal of this action if Plaintiffs fail to: (1) establish good
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cause for their failure to timely serve Defendants with a summons and complaint; or (2) comply
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with this Order.
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IT IS SO ORDERED.
Dated:
10c20k
November 16, 2011
/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE
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