Solobay
Solobay v. Presidio Trust
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
UNITED STATES OF AMERICA,
10 Defendant.
12 The amended complaint was filed on December 17, 2024. (Dkt. No. 14.) Accordingly, Plaintiff Michelle Solobay had 90 days from the date of amendment to serve Defendant United States of America. See McGuckin v. United States, 918 F.2d 811, 813 (9th Cir. 1990) (finding the deadline to serve the United States ran from the filing of the amended complaint adding the United States as a defendant in a Federal Tort Claims Act action). Thus, the last day to serve Defendant was March 17, 2025. To date, no summons have been issued for Defendant United States of America and no proof of service has been filed. Rather, in its February 4, 2025 case management conference statement, Defendant stated that Plaintiff mailed a copy of the amended complaint and a draft summons (not issued by the Clerk of the Court) via priority mail. …