Morgan Howarth v. Need for Build, Inc., et al.
- Proceeding
- district
- Area
- civil
- Panel
- Cynthia Ann Bashant (author)
Analysis
The court ordered the plaintiff to show cause why the case should not be dismissed for failure to serve the complaint within the time required by Rule 4(m). The court dismissed the action without prejudice because the plaintiff failed to respond to the show cause order.
| What the court decided | The model |
|---|---|
Dismissal of action without prejudice for failure to serve complaint“Accordingly, the Court DISMISSES without prejudice this action.” | agree with court The court correctly applied Federal Rule of Civil Procedure 4(m), which mandates dismissal without prejudice if a plaintiff fails to serve a defendant within 90 days of filing (or 120 days if the court orders an extension). The court also properly noted its inherent authority to manage its docket. Since the plaintiff failed to respond to the show cause order, dismissal was the appropriate procedural consequence. |
The order itself: sound — The order is procedurally correct and cites the appropriate rule and case law for dismissal due to failure to serve. The reasoning is concise but sufficient for a procedural dismissal based on non-compliance with a show cause order.
Opinion
] 2 3 4 5 6 7 8 9 "0 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 13 MORGAN HOWARTH, Case No. 25-cv-01209-BAS-DDL 14 Plaintiff, ORDER DISMISSING ACTION WITHOUT PREJUDICE 16 V.
NEED FOR BUILD, INC., et. al, ig Defendant. 19 20 Plaintiff has failed to serve her Complaint on Defendants. Therefore, the Court 21 ordered Plaintiff to show cause by October 8, 2025, as to why this case should not be 22 ||dismissed under Federal Rule of Civil Procedure 4(m) and this Court’s inherent 23 |/authority. (ECF No. 8.) Plaintiff has not done so. Accordingly, the Court 24 || DISMISSES without prejudice this action. See Fed. R. Civ. P. 4(m); Link v. Wabash 25 ||R.R., 370 U.S. 626, 630-31 (1962). 26 IT IS SO ORDERED. 27 / , 28 || DATED: October 30, 2025 (pil 4 (Byphan. é Hoy. Cynthia Bashant