Alejandro Gonzalez v. F21 Opco LLC

Summary

The court ordered Plaintiff Alejandro Gonzalez to show cause by June 25, 2025 why the action against F21 Opco LLC should not be dismissed without prejudice for lack of prosecution. The order states that Plaintiff had not filed proof of service within 90 days of filing the complaint and cites Federal Rule of Civil Procedure 4(m) and Link v. Wabash Railroad Co.

Holdings

1. Because Plaintiff failed to file proof of service within 90 days after filing the complaint, the court ordered Plaintiff to show cause why the action should not be dismissed for lack of prosecution. Plaintiff could avoid dismissal by demonstrating timely service or good cause for the failure to serve.
2. The matter was appropriate for submission without oral argument.

Questions Presented

1. Whether the court should require Plaintiff 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.
2. Whether the matter was appropriate for submission without oral argument under Federal Rule of Civil Procedure 78.

Disposition

other