Solobay

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MICHELLE SOLOBAY, Case No. 24-cv-04186-KAW

8 Plaintiff,

THIRD ORDER TO SHOW CAUSE

9 v.

10 UNITED STATES OF AMERICA, 11 Defendant.

12 13 This case has been pending since July 11, 2024. On that date, Plaintiff Michelle Solobay 14 filed a complaint against the Presidio Trust, asserting a single claim under the Federal Tort Claims 15 Act (“FTCA”). (Compl., Dkt. No. 1.) Confusingly, the complaint lists Plaintiff Solobay as acting 16 on behalf of herself and as guardian ad litem for J.S., but the caption does not identify J.S. as a 17 plaintiff. 18 On July 25, 2024, Plaintiff Solobay filed a certificate of service, stating that the Presidio 19 Trust had been served. (Dkt. No. 7.) Because the case was brought under the FTCA, however, the 20 only proper defendant was the United States, not the Presidio Trust. See Lance v. United States, 21 70 F.3d 1093, 1094 (9th Cir. 1995). 22 On September 25, 2024, the United States appeared for the limited purpose of requesting 23 that…