Brooke
Brooke v. Independence Menlo Hotel Owner LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 THERESA BROOKE, Case No. 19-cv-06689-VKD
Plaintiff,
ORDER TO SHOW CAUSE WHY
v. ACTION SHOULD NOT BE
DISMISSED
INDEPENDENCE MENLO HOTEL
OWNER LLC,
12 Defendant.
13 Plaintiff Theresa Brooke filed this action on October 18, 2019. Dkt. No. 1. Pursuant to the initial case management scheduling order and General Order 56, Ms. Brooke’s last day to complete service on defendant Independence Menlo Hotel Owner LLC (“Independence Menlo”) or to file a motion for administrative relief from the service deadline was December 17, 2019. Dkt. No. 4. A review of the docket shows that Ms. Brooke filed a returned summons showing service upon an Albert Damonte for C T Corporation System, Inc. on October 23, 2019. Dkt. No. 7. However, the Clerk’s Office declined to enter default as Ms. Brooke requested because the party served was not the same as the party listed on the summons. Dkt. Nos. 8, 9. Ms. Brooke…