Camargo v. Genesis Credit Management, LLC

• Court: District Court, N.D. California
• Decided: December 30, 2024
• Docket: 3:24-cv-06661
• Status: Unknown

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MONIQUE CAMARGO, Case No. 24-cv-06661-AMO

8 Plaintiff, ORDER TO SHOW CAUSE v. 9

10 GENESIS CREDIT MANAGEMENT, LLC, 11 Defendant.

12 On September 23, 2024, Plaintiff Monique Camargo filed a complaint against Defendant 13 Genesis Credit Management, LLC. To date, no proof of service of the summons and complaint 14 has been filed. 15 Proper service of process is a prerequisite to the Court’s exercise of personal jurisdiction 16 over a defendant. Fed. R. Civ. P. 4(k). “ ‘A federal court is without personal jurisdiction over a 17 defendant unless the defendant has been served in accordance with Federal Rule of Civil 18 Procedure 4.’ ” Crowley v. Bannister, 734 F.3d 967, 974-75 (9th Cir. 2013) (quoting Travelers 19 Cas. & Sur. Co. of Am. v. Brenneke, 551 F.3d 1132, 1135 (9th Cir. 2009)). “If a defendant is not 20 served within 90 days after the complaint is filed, the court – on motion or on its own after notice 21 to the plaintiff – must dismiss the action without prejudice against that defendant or order that 22 service be made within a specified time.” Fed. R. Civ. P. 4(m). Accordingly, the Court ORDERS 23 Plaintiff to show cause, in writing and by no later than January 10, 2025, why this case should not 24 be dismissed for failure to serve within the time required by Rule 4(m). Notice is hereby provided 25 that failure to file a written response will be deemed an admission Plaintiff does not intend to 26 prosecute this case, and this case will be dismissed in accordance with Rule 4(m). 27 /// 1 2 The case management conference currently set for January 8, 2025 is VACATED. 3 IT IS SO ORDERED. 4 Dated: December 30, 2024 5 HO - Qnacel Mc ARACELI MARTINEZ-OLGUIN 7 United States District Judge 8 9 10 11 g 12

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