Chutke

Essendant Co. v. Chutke

Good Law
United States District Court, Southern District of CaliforniaSeptember 24, 20213:21-cv-00142California701 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ESSENDANT CO., Case No.: 21-CV-142 TWR (LL)

Plaintiff,

ORDER FOR PLAINTIFF TO SHOW

v. CAUSE WHY THIS ACTION

SHOULD NOT BE DISMISSED FOR

AJIT CHUTKE and DIPTI CHUTKE,

FAILURE TO EFFECT SERVICE

Defendants. AND FOR WANT OF

PROSECUTION

18 Rule 4 of the Federal Rules of Civil Procedure provides: 19 [i]f a defendant is not served within 90 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 21 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.

23 Fed. R. Civ. P. 4(m); see also S.D. Cal. CivLR 4.1(b) (authorizing the Court to order 24 Plaintiff to show cause 100 days following the filing of a complaint when proof of service 25 has not been filed). “In the absence of…

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