Filed: Jul. 29, 2016
Latest Update: Jul. 29, 2016
Summary: ORDER TO PLANTIFF TO SHOW CAUSE WHY SANCTIONS SHOUD NOT BE IMPOSED JENNIFER L. THURSTON , Magistrate Judge . On May 5, 2016, the plaintiff-in-interpleader filed the instant action. (Doc. 1) On the same day, the Court issued the summonses (Doc. 5) and its order setting the mandatory scheduling conference to occur on August 9, 2016. (Doc. 6) In its order setting the mandatory scheduling conference, the Court advised counsel: The Court is unable to conduct a scheduling conference until defend
Summary: ORDER TO PLANTIFF TO SHOW CAUSE WHY SANCTIONS SHOUD NOT BE IMPOSED JENNIFER L. THURSTON , Magistrate Judge . On May 5, 2016, the plaintiff-in-interpleader filed the instant action. (Doc. 1) On the same day, the Court issued the summonses (Doc. 5) and its order setting the mandatory scheduling conference to occur on August 9, 2016. (Doc. 6) In its order setting the mandatory scheduling conference, the Court advised counsel: The Court is unable to conduct a scheduling conference until defenda..
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ORDER TO PLANTIFF TO SHOW CAUSE WHY SANCTIONS SHOUD NOT BE IMPOSED
JENNIFER L. THURSTON, Magistrate Judge.
On May 5, 2016, the plaintiff-in-interpleader filed the instant action. (Doc. 1) On the same day, the Court issued the summonses (Doc. 5) and its order setting the mandatory scheduling conference to occur on August 9, 2016. (Doc. 6) In its order setting the mandatory scheduling conference, the Court advised counsel:
The Court is unable to conduct a scheduling conference until defendants have been served with the summons and complaint. Accordingly, plaintiff(s) shall diligently pursue service of summons and complaint and dismiss those defendants against whom plaintiff(s) will not pursue claims. Plaintiff(s) shall promptly file proofs of service of the summons and complaint so the Court has a record of service. Counsel are referred to F.R.Civ.P., Rule 4 regarding the requirement of timely service of the complaint. Failure to timely serve summons and complaint may result in the imposition of sanctions, including the dismissal of unserved defendants.
(Doc. 6 at 1-2, emphasis added) Nevertheless, Plaintiff has not filed a proof of service of the summons and complaint as to the Estate of Mark Madrigali. Therefore, the Court ORDERS,
1. No later than August 4, 2016, the plaintiff SHALL show cause why sanctions should not be imposed for the failure to serve and file proof of service to the Estate of Mark Madrigali. Alternatively, within the same time period, the plaintiff may file proof of service of the action to the Estate of Mark Madrigali.1
Plaintiff is reminded of the service obligations under Fed. R. Civ. P. 4.2 Failure to comply may result in the imposition of sanctions, including the dismissal of unserved defendants.
IT IS SO ORDERED.
