Cohen v. Tresca et al
Filing
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ORDER TO SHOW CAUSE RE DISMISSAL FOR FAILURE TO PROSECUTE (Illston, Susan) (Filed on 8/13/2012) (Additional attachment(s) added on 8/13/2012: # 1 Certificate/Proof of Service) (rbe, COURT STAFF).
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
United States District Court
For the Northern District of California
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PAULA F. COHEN, on behalf of the United
States of America,
Plaintiff/Relator,
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No. C 12-02301 SI
ORDER TO SHOW CAUSE RE
DISMISSAL FOR FAILURE TO
PROSECUTE
v.
LISA TRESCA, MICHAEL QUIROGA, and
DOES 1-100, inclusive,
Defendants.
/
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This matter came on for a regularly-scheduled case management conference on Friday, August
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10, 2012. No one appeared. Review of the file suggests that the summons and complaint have not yet
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been served on defendants.
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Accordingly, plaintiffs are hereby ORDERED to show cause, in writing filed with the Court
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no later than August 20, 2012 why they failed to appear and whether they intend to continue with this
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action. Plaintiffs are cautioned that if they do not appear and/or do not comply with Court orders, this
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case will be dismissed for failure to prosecute.
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Additionally, plaintiffs are reminded that Rule 4(m) of the Federal Rules of Civil Procedure
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provides that if service of the summons and complaint is not made on the defendant within 120 days of
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filing the complaint, the court “shall dismiss the action without prejudice as to that defendant or direct
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that service be effected within a specified time . . . .” This action was filed on May 8, 2012; 120 days
thereafter will be September 5, 2012. Plaintiffs are therefore required to serve defendants no later
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than September 5, 2012. If they do not do so, this action will be dismissed without prejudice in
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accordance with Rule 4(m).
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IT IS SO ORDERED.
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Dated: August 13, 2012
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SUSAN ILLSTON
United States District Judge
United States District Court
For the Northern District of California
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