1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 BASF CORPORATION, Case No. 1:24-cv-00835-CDB

12 Plaintiff,

ORDER TO SHOW CAUSE WHY

SANCTIONS SHOULD NOT BE IMPOSED

13 v.

FOR PLAINTIFF’S FAILURE TO

PROSECUTE THIS ACTION AND TO

14 ELITE COLLISION CENTER, INC., et al.,

COMPLY WITH THE COURT’S ORDERS

15 Defendants.

ORDER CONTINUING THE

MANDATORY SCHEDULING

16

CONFERENCE

17

ORDER DIRECTING PLAINTIFF TO

EFFECT SERVICE OF THIS ORDER AND

18

TO FILE PROOF OF SERVICE

19

FIVE-DAY DEADLINE

20 21 22 Background 23 Plaintiff BASF Corporation (“Plaintiff”) initiated this action with the filing of a 24 complaint on July 19, 2024. (Doc. 1). That same day, the Clerk of the Court issued summonses 25 and the Court entered an order setting a mandatory scheduling conference on October 8, 2024. 26 (Docs. 3-4). The Court’s order directed Plaintiff to “diligently pursue service of summons and 27 complaint” and “promptly file proofs of service.” (Doc. 4 at 1). The order further advised 28 Plaintiff that failure to diligently prosecute this action “may result in the imposition of sanctions, 1 including the dismissal of unserved defendants.” Id. To date, Plaintiff has not filed proofs of 2 service, and no Defendant has appeared in the action. 3 Governing Authorities 4 Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these 5 Rules or with any order of the Court may be grounds for imposition by the Court of any and all 6 sanctions…within the inherent power of the Court.” The Court has the inherent power to control 7 its docket and may, in the exercise of that power, impose sanctions where appropriate, including 8 dismissal of the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2000). 9 In addition, Rule 4(m) of the Federal Rules of Civil Procedure provides: “If a defendant 10 is not served within 90 days after the complaint is filed, the court - on motion or on its own after 11 notice to the plaintiff - must dismiss the action without prejudice against that defendant or order 12 that service be made within a specified time.” Fed. R. Civ. P. 4(m). Absent a showing of good 13 cause, failure to comply with Rule 4(m) requires dismissal of any unserved defendant. 14 Discussion 15 This is not the first time the undersigned has admonished Plaintiff BASF Corporation and 16 its attorney of record – Bobbie Bailey – regarding the obligation of counsel and Plaintiff to 17 comply with this Court’s rules and orders and the Federal Rules of Civil Procedure, particularly 18 as they apply to diligently prosecuting the action. See BASF Corporation v. Color Coat 19 Restoration, Inc., No. 1:24-cv-00614-JLT-CDB (Doc. 6, Order to Show Cause). As such, the 20 imposition of sanctions to gain counsel and Plaintiff’s compliance appears appropriate. 21 Conclusion and Order 22 Based on the foregoing, IT IS HEREBY ORDERED that within five (5) days of entry of 23 this order, Plaintiff SHALL show cause in writing why sanctions should not be imposed – 24 including dismissal of unserved Defendants or this action in its entirety – for Plaintiff’s failure to 25 prosecute and to serve the summonses and complaint in a timely manner. Filing summonses 26 returned executed following entry of this order WILL NOT relieve Plaintiff of its obligation to 27 respond to this order in writing. 28 IT IS FURTHER ORDERED that the scheduling conference previously set for October 1 || 8, 2024, is CONTINUED to November 21, 2024 at 10:00 a.m. 2 And IT IS FURTHER ORDERED that Plaintiff shall serve a copy of this order on 3 || Defendants within five (5) days of entry of this order and promptly file proof of service thereof. 4 Any failure by Plaintiff to timely respond to and comply with this order to show 5 || cause will result in the imposition of sanctions, including a recommendation to dismiss this 6 || action. 7\lIT IS SO ORDERED. Dated: _ October 1, 2024 | Mw ED 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28