Television Signal Corp. v. City & County of San Francisco
Opinion
lead Opinion
Walker, J.
ORDER
Before the court is defendant’s motion to dismiss plaintiffs first amended complaint for failure to prosecute pursuant to FRCP 41(b) and 4(m). The court finds the motion suitable for determination without oral argument. See Civil LR 7 — 1(b). The hearing scheduled for June 29, 2000, at 2:00 pm, is therefore, VACATED.
Television Signal Corporation filed this action on April 30, 1999, challenging the City and County of San Francisco’s adoption of amendments to its excavation code. These amendments impose fees, conditions and costs on entities which open, trench or otherwise excavate city streets. This case is one of several related cases challenging municipal trench cut ordinances currently pending in this court, alleging that the ordinances violate franchise rights. Plaintiff never served its original complaint on defendant, nor did it file a waiver of service or a certification of service of process within 45 days of filing the complaint. On April 25, 2000, plaintiff filed a First Amended Complaint and served defendant that same day.
FRCP 4(m) states that “[i]f service of the summons and complaint is not made upon a defendant within 120 days after the filing of the…