Barge

Barge v. Ken Bett's Towing Company

Good Law
United States District Court, Northern District of CaliforniaApril 11, 20223:21-cv-02558California369 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MELISSA BARGE, Case No. 21-cv-02558-HSG

Plaintiff, ORDER TO SHOW CAUSE v.

MARC HORWITZ, et al., Defendants.

12 Because Plaintiff has been authorized to proceed in forma pauperis, service of the First Amended Complaint will be made by the United States Marshals. See Dkt. No. 8 at 1; Fed. R. Civ. P. 8(c)(3). However, in order for service to be attempted, the U.S. Marshals need Defendants’ addresses. On March 10, 2022, the Court ordered Plaintiff to provide the Court addresses at which each of the Defendants can be served. Dkt. No. 17. Plaintiff had until March 23, 2022 to respond to the Court’s order, id., but has failed to provide any response to date. Federal Rule of Civil Procedure 41(b) provides that where a “plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action or any claim against it.” A defendant need not file a motion in order for a district court to…

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