Opinion
4:23-cv-04296-KAW
05-10-2024
JANE NWANNE, Plaintiff, v. INTAGRAM INCORPORATE/META, et al., Defendants.
Re: Dkt. No. 9
SECOND ORDER TO SHOW CAUSE; ORDER CONTINUING CASE MANAGEMENT CONFERENCE
KANDIS A. WESTMORE United States Magistrate Judge
This action was filed on August 22, 2023. (Dkt. No. 1.) Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, Plaintiff has 90 days to complete service of the complaint and summons on Defendant, such that November 30, 2023 was the last day to complete service or to file a Motion for Administrative Relief from the deadline pursuant to Civil L.R. 7-11. The Case Management Conference (“CMC”), originally scheduled for November 21, 2023, was continued to January 23, 2024, because Defendants had not been served 7 days prior to the original CMC date. (Dkt. No. 7.)
On January 23, 2024, the Court issued an order to show cause as to why the case should not be dismissed for failure to comply with the deadline to complete service on Defendants or to file a Motion for Administrative Relief. (Dkt. No. 9.) Plaintiff's response was due by February 23, 2024. Id. Plaintiff was also ordered to serve Defendants and file a certificate of service by that same date. Id. To date, Plaintiff has not filed a certificate of service or otherwise responded to the first order to show cause.
Accordingly, the Court issues a SECOND ORDER TO SHOW CAUSE, by no later than May 31, 2024, Plaintiff shall explain why this case should not be dismissed for failure to comply with the deadline to complete service on Defendant or to file a Motion for Administrative Relief, and why she did not respond to the January 23, 2024 order to show cause. Also, by May 31, 2024, Plaintiff shall serve Defendants and file a certificate of service on the docket.
Plaintiff is advised that the failure to timely respond to this order to show cause and complete service on Defendants will result in this case being reassigned to a district judge with the recommendation that the case be dismissed without prejudice for failure to comply with Federal Rule of Civil Procedure 4(m).
Finally, the case management conference scheduled for May 28, 2024 is continued to August 6, 2024 at 1:30 PM. The joint case management statement is due on or before July 30, 2024.
IT IS SO ORDERED.