Michael W. Ledesma v. Sean Duffy

Summary

The United States District Court for the Eastern District of California orders Plaintiff Michael W. Ledesma to show cause within five days why sanctions, including dismissal, should not be imposed for failing to serve Defendant Sean Duffy within the time required by Federal Rule of Civil Procedure 4(m) and the Court’s orders. The Court vacates the scheduling conference set for December 17, 2025, pending Plaintiff’s response and warns that noncompliance will result in a recommendation of dismissal.

Holdings

1. When a defendant has not been served within 90 days after the complaint is filed, the court may require the plaintiff to show cause and, absent good cause for the failure, dismissal of the unserved defendant is required under Rule 4(m).

Questions Presented

1. Whether Plaintiff should be required to show cause why sanctions, including dismissal, should not be imposed for failure to comply with the court's service orders and Federal Rule of Civil Procedure 4(m).
2. Whether the December 17, 2025, scheduling conference should be vacated pending Plaintiff's response to the order to show cause.

Disposition

other