Bloom Fresh International Limited v. Jesse Solorio, et al.

Summary

The United States District Court for the Eastern District of California ordered Bloom Fresh International Limited to show cause within seven days why two organizational defendants should not be dismissed for failure to timely serve them under Federal Rule of Civil Procedure 4(m). The court also directed Plaintiff to apply for entry of default against Jesse Solorio and to file a motion for default judgment within 30 days after entry of default. The order is dated December 31, 2025.

Holdings

1. The court could not presume that service on Jesse Solorio completed service on Del Sol Produce Sales, Inc. and Jesse Solorio & Sons Cold Storage, Inc.; executed summonses or other proof of service was required for the organizational defendants.
2. When a defendant is not served within 90 days after the complaint is filed, the court must dismiss the action without prejudice against that defendant or order service within a specified time; absent good cause, failure to comply with Rule 4(m) requires dismissal of an unserved defendant.
3. Because Solorio had apparently failed to file a responsive pleading or otherwise appear, plaintiff was directed to apply for entry of default and, if default were entered, to file a motion for default judgment within 30 days.

Questions Presented

1. Whether plaintiff should be required to show cause why the two organizational defendants should not be dismissed without prejudice for failure to serve them within the time required by Federal Rule of Civil Procedure 4(m) and the court's prior order.
2. Whether plaintiff should be directed to apply for entry of default against Jesse Solorio and subsequently move for default judgment.

Disposition

other