Alertone Service, Inc. v. RQ Construction, LLC

Good Law
United States District Court, Eastern District of CaliforniaSeptember 22, 20251:25-cv-00493California476 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

ALERTONE SERVICE, INC., ) Case No.: 1:25-cv-0493 JLT CDB ) Plaintiff, ) ORDER ADOPTING IN FULL THE FINDINGS ) AND RECOMMENDATIONS, DISMISSING THE v. ) ACTION WITHOUT PREJUDICE, AND ) DIRECTING THE CLERK OF COURT TO CLOSE RQ CONSTRUCTION, LLC, ) THIS CASE ) Defendants. ) (Doc. 6) )

Alertone Service, Inc., initiated this action by filing a complaint on April 28, 2025. (Doc. 1.) After Plaintiff failed to serve the summons and complaint on the defendant—or file proof of service as such—the Court ordered Plaintiff to show cause why the action should not be dismissed. (Doc. 4.) Plaintiff failed to respond to the Court’s order. The magistrate judge found Plaintiff failed to prosecute this action and failed to comply with the Court’s orders. (Doc. 6 at 1-2.) In addition, the magistrate judge determined Plaintiff failed to comply with Rule 4(m) of the Federal Rules of Civil Procedure, which requires service within 90…

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