Razavi v. Coti ( 2021 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 MELINA RAZAVI, Case No. 17-cv-04341-BLF 9 Plaintiff, ORDER DISMISSING ACTION 10 v. WITHOUT PREJUDICE FOLLOWING PLAINTIFF’S FAILURE TO RESPOND 11 CARLOS COTI and GEICO INSURANCE TO ORDER TO SHOW CAUSE COMPANY, 12 [Re: ECF 28] Defendants. 13 14 15 16 On November 9, 2021, the Court issued an Order to Show Cause why this case should not 17 be dismissed without prejudice due Plaintiff’s failure to provide the U.S. Marshal with sufficient 18 information to complete service of process on defendants. See OSC, ECF 28. The Court had 19 ordered service by the U.S. Marshal because Plaintiff is proceeding in forma pauperis. See Order 20 Directing Service, ECF 24. On November 2, 2021, the U.S. Marshal returned unexecuted 21 summons with respect to both Defendants, indicating that Defendants could not be located at the 22 addresses provided by Plaintiff. See Summons Ret. Unexecuted, ECF 27. 23 The Court advised Plaintiff that her action would be dismissed if she did not respond to the 24 Order to Show Cause with alternate service addresses for Defendants. See OSC at 2. “Where a 25 pro se plaintiff fails to provide the Marshal with accurate and sufficient information to effectuate 26 service of the summons and complaint, dismissal of the unserved defendant is appropriate.” Shaw 27 v. Lindgren, No. CV 19-2700-DMG (AGR), 2021 WL 4614119, at *5 (C.D. Cal. Aug. 12, 2021); 1 defendant where plaintiff failed to provide Marshal with information necessary to serve summons 2 and complaint), overruled on other grounds by Sandin v. Conner, 515 U.S. 472 (1995). 3 The Court granted Plaintiff twenty-one days to provide the information necessary to allow 4 the U.S. Marshal to serve Defendants, or otherwise to show cause why this action should not be 5 dismissed. See OSC at 2. Plaintiff's response was due by November 30, 2021. See id. No 6 || response has been filed. 7 Accordingly, this action is DISMISSED WITHOUT PREJUDICE. 8 IT IS SO ORDERED. 9 10 Dated: December 10, 2021 ll mer) ETH LABSON FREEMAN %L United States District Judge 15 16 = 17 Z 18 19 20 21 22 23 24 25 26 27 28