Jan Marie Walker-Cook v. Scripps Health

Summary

The United States District Court for the Southern District of California dismissed Jan Marie Walker-Cook’s complaint against Scripps Health without prejudice. The court found that Plaintiff failed to serve Defendant within the period required by Federal Rule of Civil Procedure 4(m) and failed to respond to the court’s order to show cause.

Holdings

1. A complaint may be dismissed without prejudice when the plaintiff fails to serve the defendant within 90 days after filing and fails to show good cause for an extension.
2. A court may sua sponte dismiss an action for lack of prosecution when the plaintiff fails to comply with the Federal Rules of Civil Procedure and a court order.

Questions Presented

1. Whether the complaint should be dismissed without prejudice because Plaintiff failed to serve Defendant within the period required by Federal Rule of Civil Procedure 4(m).
2. Whether the court could sua sponte dismiss the action for failure to prosecute and failure to comply with the court's order to show cause.

Disposition

dismissed