Dana Suttles v. Patrick R Donahue

Filing 8

(IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION by Judge Fernando M. Olguin. The Order to Show Cause 6 is discharged. Plaintiff shall file a new proof of service no later than 1/7/2014. (vdr)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 13-6598 FMO (MRWx)

Title

Dana Suttles v. Patrick R. Donahue

Present: The Honorable

Date

November 27, 2013

Fernando M. Olguin, United States District Judge

Vanessa Figueroa

None

None

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorney Present for Plaintiff(s):

Attorney Present for Defendant(s):

None Present

None Present

Proceedings:

(In Chambers) Order Re: Order to Show Cause Re: Dismissal for
Lack of Prosecution

Absent a showing of good cause, an action must be dismissed without prejudice if the
summons and complaint are not served on a defendant within 120 days after the complaint is filed.
Fed. R. Civ. P. 4(m). While plaintiff filed a proof of service regarding the summons and complaint
on October 7, 2013, it appears that service was not properly effected.
Under Federal Rule of Civil Procedure 4(i)(1), in order to serve the United States, a party
must:
(A)(i) deliver a copy of the summons and of the complaint to the United
States attorney for the district where the action is brought – or to an assistant
United States attorney or clerical employee whom the United States attorney
designates in a writing filed with the court clerk – or
(ii) send a copy of each by registered or certified mail to the civil-process
clerk at the United States attorney's office;
(B) send a copy of each by registered or certified mail to the Attorney
General of the United States at Washington, D.C.; and
(C) if the action challenges an order of a nonparty agency or officer of the
United States, send a copy of each by registered or certified mail to the
agency or officer.
Fed. R. Civ. P. 4(i)(1)(A)-(C).
It appears from plaintiff’s proof of service that she has complied with requirements (B) and
(C), but not requirement (A). (See Proof of Service, Summons and Complaint at 2-4). Plaintiff
must comply with all of these requirements in order for service to be proper. See Fed. R. Civ. P.
4(i)(1); Rhodes v. United States I.R.S., 2010 WL 5392636 (D. Ariz. 2010) (“To serve the United
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 13-6598 FMO (MRWx)

Date

Title

Dana Suttles v. Patrick R. Donahue

November 27, 2013

States, the summons and complaint must be served on both the United States Attorney for the
district where suit was filed and on the United States Attorney General in Washington, D.C.”)
(emphasis in original). Therefore, plaintiff must file a new proof of service showing that service
has been properly effected prior to the 120-day deadline. See Fed. R. Civ. P. 4(m).
Accordingly, IT IS ORDERED THAT:
1. The Order to Show Cause Re: Dismissal Re: Lack of Prosecution of November 19, 2013
(Document No. 6) is hereby discharged. Plaintiff may not file a motion for default judgment in
this action until service is properly effected.
2. Plaintiff shall file a new proof of service of the summons and complaint, in compliance
with the requirements of Federal Rule of Civil Procedure 4(i)(1), no later than January 7, 2014.
3. Failure to file the required proof of service by the deadline set forth above shall be
deemed consent to the dismissal of this action.

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Initials of Preparer

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vdr

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