VELEZ

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

10 ALVARO G. VELEZ, Case No. 21-cv-08822-NC 11 Plaintiff, ORDER TO SHOW CAUSE 12 v. 13 TERESA A. VELEZ, et al., 14 Defendants.

16 The parties are ordered to show cause as to why this case should not be dismissed for a lack of subject matter jurisdiction under the probate exception. In addition, plaintiff Alvaro Velez is ordered to provide an update on the status of service of the complaint and summons on defendant Teresa Velez. I. Service of Summons Plaintiff Alvaro G. Velez filed a Complaint against on Defendants for Partition for Sale of Real Estate Property on November 14, 2021. A summons was issued on November 16, 2021 to Defendants George M. Velez and Teresa A. Velez. Defendant George M. Velez answered the Complaint and filed a counterclaim on December 21, 2021. Teresa A. Velez has not appeared. Federal Rule of Civil Procedure 4(m) requires, in the absence of good cause shown, that a defendant be dismissed if not properly served within 90-days…