Opinion
8:22-cv-00328-KES
07-22-2022
MELANIE DELAPAZ v. EUGENE CHAN, et al.
PRESENT: THE HONORABLE KAREN E. SCOTT, U.S. MAGISTRATE JUDGE
CIVIL MINUTES - GENERAL
PROCEEDINGS (IN CHAMBERS): Second Order to Show Cause Why the Case Should Not Be Dismissed for Failure to Timely Serve Defendant
On June 10, 2022, the Court issued an Order to Show Cause (“OSC”) directing Plaintiff Melanie Delapaz (“Plaintiff”) to show cause why the case should not be dismissed due to failure to serve Defendant Eugene Chan as Trustee of the Eugene Chan Trust (“Defendant”) within the 90-day deadline. (Dkt. 8.)
Plaintiff's counsel responded to the OSC on June 23, 2022, explaining that he had been attempting to serve Defendant and requesting “to serve Defendant within two (2) weeks from this date,” i.e., by July 7, 2022. (Dkt. 9.) As of the date of this Order, Plaintiff still has not filed a proof of service.
The Court again ORDERS that, on or before July 28, 2022, Plaintiff shall show cause why this action should not be dismissed without prejudice for failure to timely serve Defendant.