Su v. Defense Language Institute Foreign Language Center & POM

Filing 45

ORDER DISMISSING CASE. Plaintiff has not complied as directed. Accordingly, this case is DISMISSED WITHOUT PREJUDICE pursuant to Federal Rule of Civil Procedure 4(m). The Clerk shall close this file. Signed by Judge Edward J. Davila on 10/16/2012. (ejdlc1, COURT STAFF) (Filed on 10/16/2012)

Download PDF
1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION CASE NO. 5:10-cv-04194 EJD DANTAO SU, 11 ORDER DISMISSING CASE Plaintiff(s), For the Northern District of California United States District Court 10 12 13 v. DEFENSE LANGUAGE INSTITUTE FOREIGN LANGUAGE CENTER, et. al., 14 15 Defendant(s). / 16 17 On September 20, 2012, the court ordered Plaintiff Dantao Su (“Plaintiff”) to produce to the 18 clerk of the court two Summons forms, one for the United States Attorney for the Northern District 19 of California and one for the United States Attorney General, so that service of process could be 20 accomplished in this action pursuant to Federal Rule of Civil Procedure 4(i). See Docket Item No. 21 42. As noted by the court, Plaintiff has alleged that Defendant’s status as a federal agency forms the 22 basis for federal jurisdiction. Id.; see also Compl., Docket Item No. 1, at ¶ 1. The court further 23 explained that absent such status on the part of Defendant, federal subject matter jurisdiction over 24 Plaintiff’s claims would not arise. Id. The court also admonished Plaintiff that this case would be 25 dismissed if she did not comply with order to produce the Summons forms. Id. 26 As of this date, Plaintiff has not complied as directed. Moreover, Plaintiff’s more recent 27 filings reveal she maintains the position that service on the United States Attorney and Attorney 28 General are unnecessary. However, in light of the jurisdictional quandary identified above as well 1 CASE NO. 5:10-cv-04194 EJD ORDER DISMISSING CASE 1 as the fact that Plaintiff herself has alleged Defendant’s status as a federal agency, this court cannot 2 proceed with this matter further under the current circumstances. 3 Accordingly, this case is DISMISSED WITHOUT PREJUDICE pursuant to Federal Rule of 4 Civil Procedure 4(m).1 The Clerk shall close this file. 5 IT IS SO ORDERED. 6 7 Dated: October 16, 2012 EDWARD J. DAVILA United States District Judge 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Although the court previously indicated it would dismiss this case with prejudice for lack of prosecution pursuant to Federal Rule of Civil Procedure 41(b), it now finds it more appropriate to dismiss for lack of service under Rule 4(m). 2 CASE NO. 5:10-cv-04194 EJD ORDER DISMISSING CASE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?