Ramales Photography LLC v. Pagerie LLC

Summary

The United States District Court for the Central District of California ordered Ramales Photography LLC to show cause why the action should not be dismissed for lack of prosecution. The court identified the failure to file proof of service on Pagerie LLC within 90 days and required a written response by December 9, 2025, under Federal Rule of Civil Procedure 4(m).

Holdings

1. The court may act on its own motion to require Plaintiff to show cause why the action should not be dismissed for lack of prosecution.
2. When a summons and complaint have not been served on a defendant within 90 days after filing the complaint, the plaintiff must show that service was timely completed or demonstrate good cause for the failure; absent good cause, dismissal without prejudice is required under Rule 4(m).

Questions Presented

1. Whether Plaintiff should be required to show cause why the action should not be dismissed for lack of prosecution based on the failure to file proof of service within 90 days after filing the complaint.
2. Whether Plaintiff could avoid dismissal by showing that service was completed within the 90-day period or that good cause existed for failing to complete service.

Disposition

other