Opinion
No. C 12-05531 LB
03-05-2013
ANDREA C. LAYGO et al, Plaintiffs, v. WORLD SAVINGS BANK et al, Defendants.
ORDER TO SHOW CAUSE &
VACATING CASE MANAGEMENT
CONFERENCE HEARING SET FOR
MARCH 7, 2013
Plaintiffs Andrea C. Laygo, Teresito M. Laygo, and Teresito Joselito Catalan filed their complaint on October 26, 2012. Complaint, ECF No. 1. Under Federal Rule of Civil Procedure 4(m), a plaintiff normally has 120 days from the filing of the complaint to serve the complaint and summons on a defendant. Fed. R. Civ. P. 4(m). This means that in this case Plaintiffs had until February 23, 2013 to serve Defendants. Fed. R. Civ. P. 4(m), 6(a)(1)(C). To date, Plaintiff has filed no proof that Defendants have been served. See generally Docket.
Citations are to the clerk's electronic case file (ECF) with pin cites to the electronic page numbers at the top (as opposed to the bottom) of the page.
Accordingly, the court ORDERS Plaintiffs to show cause why this case should not be dismissed without prejudice for failure to prosecute. Plaintiffs shall do so by filing a written response no later than March 21, 2013 and appear on March 28, 2013 for a show cause hearing at 11:00 a.m. in Courtroom C, 15th Floor, United States District Court, 450 Golden Gate Avenue, San Francisco, California, 94102.
The March 7, 2013 Initial Case Management Conference is VACATED. If necessary, the court will reset it for a later date.
IT IS SO ORDERED.
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LAUREL BEELER
United States Magistrate Judge