Ignacio Vera v. Birrieria Rosa Maria No. 1 LLC et al

Filing 15

(IN CHAMBERS) ORDER TO SHOW CAUSE RE SERVICE OF PROCESS ON DEFENDANT PACIFIC WILMINGTON, LLC by Magistrate Judge Alka Sagar. Plaintiff is therefore ORDERED TO SHOW CAUSE, in writing, within fourteen days of the date of this Order, why service was not timely made on Pacific Wilmington, and why this case should not be dismissed against Pacific Wilmington without prejudice for failure to effectuate service and for lack of prosecution. (SEE DOCUMENT FOR FURTHER DETAILS) (hr)

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

CV 24-10363-AS

Title

Ignacio Vera v. Birrieria Rosa Maria #1 LLC, et al.

Present: The Honorable

Date

March 4, 2025

Alka Sagar, United States Magistrate Judge

L. Krivitsky for Alma Felix

N/A

Deputy Clerk

Court Smart / Recorder

Attorneys Present for Plaintiff:

Attorneys Present for Defendants:

N/A

N/A

Proceedings:

(IN CHAMBERS) ORDER TO SHOW CAUSE RE SERVICE OF
PROCESS ON DEFENDANT PACIFIC WILMINGTON, LLC

On December 2, 2024, Ignacio Vera (“Plaintiff”) filed a complaint against Birrieria Rosa
Maria #1 LLC (“Birrieria”), Pacific Wilmington, LLC (“Pacific Wilmington”), and Does 1–10.
(Dkt. No. 1). That day, the Clerk issued a summons as to Defendants Birrieria and Pacific
Wilmington. (Dkt. No. 6). Plaintiff has since submitted a proof of service indicating he served
Defendant Birrieria on January 10, 2025. (Dkt. No. 7).
More than ninety days have passed since Plaintiff filed the complaint and the Clerk issued
the summons. Yet Plaintiff has not filed a proof of service reflecting that he served Defendant
Pacific Wilmington. Rule 4(m) of the Federal Rules of Civil Procedure provides that if service of
the summons and complaint is not made upon a defendant within ninety days of filing the
complaint, “the court—on motion or on its own after notice to the plaintiff—must dismiss the
action without prejudice against that defendant or order that service be made within a specified
time.” Fed. R. Civ. P. 4(m). If the plaintiff, however, “shows good cause for the failure, the court
must extend the time for service for an appropriate period.” Id.
Plaintiff is therefore ORDERED TO SHOW CAUSE, in writing, within fourteen days of
the date of this Order, why service was not timely made on Pacific Wilmington, and why this case
should not be dismissed against Pacific Wilmington without prejudice for failure to effectuate
service and for lack of prosecution. Failure to timely file a written response to this Order may
result in dismissal of this action against Pacific Wilmington for failure to effect service of process
within the time specified by Rule 4(m) of the Federal Rules of Civil Procedure, for failure to
prosecute, and/or for failure to obey a court order. See Fed. R. Civ. P. 41(b).
IT IS SO ORDERED.
CV-90 (10/08)

CIVIL MINUTES - GENERAL

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