Solobay v. Presidio Trust

Opinion

1 2 3 6 MICHELLE SOLOBAY, 7 Case No. 24-cv-04186-KAW Plaintiff, 8 v. ORDER TO SHOW CAUSE 9 PRESIDIO TRUST, 10 Defendant. 11

12 13 This action was filed on July 11, 2024. (Dkt. No. 1.) Pursuant to Rule 4(m) of the Federal 14 Rules of Civil Procedure, Plaintiff has 90 days to complete service of the complaint and summons 15 on Defendant, such that October 9, 2024 was the last day to complete service or to file a Motion 16 for Administrative Relief from the deadline pursuant to Civil L.R. 7-11. Because the case is 17 brought under the Federal Torts Claim Act (“FTCA”), the only proper defendant is the United 18 States, not the Presidio Trust. See Lance v. United States, 70 F.3d 1093, 1094 (9th Cir. 1995) 19 (“The United States is the only proper defendant in an FTCA action.”). 20 On September 25, 2024, the United States appeared for the limited purpose of requesting 21 that the October 15, 2024 case management conference be continued because the United States 22 had not yet been served. (Dkt. No. 8.) The United States stated that it had attempted to resolve 23 this issue via stipulation, but that Plaintiff’s counsel did not respond. (Dkt. No. 8 at 2.) Plaintiff 24 did not file a response to the United States’ administrative motion, and the Court continued the 25 case management conference to December 10, 2024, with the case management conference 26 statement due on December 3, 2024. (Dkt. No. 9.) 27 On December 3, 2024, the United States again appeared for the limited purpose of 1 (Dkt. No. 10.) Plaintiff did not file their case management conference statement. Indeed, Plaintiff 2 || has not filed anything since July 2024, when they filed a certificate of their purported service of 3 the Presidio Trust. (Dkt. No. 7.) 4 Accordingly, the Court ORDERS Plaintiff to show cause why this matter should not be 5 dismissed for failure to serve the proper Defendant in this case by serving the United States by 6 || December 18, 2024. Failure to comply may result in the case reassigning the case to a district 7 || judge and recommending that it be dismissed for failure to serve the complaint and/or failure to 8 || prosecute. 9 The Court CONTINUES the December 10, 2024 case management conference to 10 || February 11, 2025 at 1:30 p.m. The joint case management conference statement is due by 11 February 4, 2025.

13 Dated: December 5, 2024 .

KANDIS A. WESTMORE 15 UnitedStates Magistrate Judge 16

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