Solobay

Solobay v. Presidio Trust

Good Law
United States District Court, Northern District of CaliforniaDecember 5, 20244:24-cv-04186California454 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

MICHELLE SOLOBAY,

Case No. 24-cv-04186-KAW Plaintiff, 8 v. ORDER TO SHOW CAUSE

PRESIDIO TRUST,

10 Defendant.

12 This action was filed on July 11, 2024. (Dkt. No. 1.) Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, Plaintiff has 90 days to complete service of the complaint and summons on Defendant, such that October 9, 2024 was the last day to complete service or to file a Motion for Administrative Relief from the deadline pursuant to Civil L.R. 7-11. Because the case is brought under the Federal Torts Claim Act (“FTCA”), the only proper defendant is the United States, not the Presidio Trust. See Lance v. United States, 70 F.3d 1093, 1094 (9th Cir. 1995) (“The United States is the only proper defendant in an FTCA action.”). On September 25, 2024, the United States appeared for the limited purpose of requesting that the October 15, 2024 case management conference be continued because the United States had not yet been…

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