Opinion
1:21-cv-1442 DAD JLT
12-04-2021
SADIA SYED, et al., Plaintiffs, v. JAMIE LYNN MCGOWEN, et al., Defendans.
ORDER TO THE PLAINTIFF TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED FOR FAILURE TO PROSECUTE THIS ACTION AND COMPLY WITH THE COURT'S ORDERS; ORDER CONTINUING THE SCHEDULING CONFERENCE
JENNIFER L. THURSTON, CHIEF UNITED STATES MAGISTRATE JUDGE.
The plaintiff initiated this action on September 28, 2021. (Doc. 1) The Clerk of Court issued the summons and the order setting the mandatory scheduling conference the same day (Docs. 2, 3) The order setting the mandatory scheduling conference reads,
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 the summons and complaint may result in the imposition of sanctions, including the dismissal of unserved defendants.(Doc. 3 at 1) The plaintiff has not filed a proof of service, and neither defendant has appeared. Therefore, the Court ORDERS:
1. No later than December 17, 2021, the plaintiff SHALL show cause why sanctions should not be imposed for the failure to prosecute this action and to serve the summons and complaint in a timely fashion as ordered. Alternatively, the plaintiff may file a proof of service demonstrating the summons and complaint has been served
2. The scheduling conference is CONTINUED to February 11, 2022 at 8:30 a.m. Failure to respond may result in the Court recommending dismissal of the action.
IT IS SO ORDERED.