Gabriel Dorsey v. Thrifty Oil Co.

Good Law
United States District Court, Central District of CaliforniaOctober 15, 20202:20-cv-05612California713 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 8 GABRIEL DORSEY, ) Case No. CV 20-5612 FMO (RAOx) ) Plaintiff, ) ) v. ) ORDER DISMISSING ACTION WITHOUT ) PREJUDICE THRIFTY OIL CO., ) ) Defendant. ) ) On July 9, 2020, the court issued a Standing Order Re: ADA Accessibility Cases (see Dkt. 9, Court’s Order of July 9, 2020), which ordered plaintiff to promptly serve the complaint. (See id. at 2). The court admonished plaintiff that “failure to file the proof of service within 93 days after the filing of the case shall result in the dismissal of the action and/or the defendant that has not appeared in the case and for which plaintiff has not filed a proof of service.” (Id.) (citing Fed. R. Civ. P. 4 & 41(b); Link v. Wabash R.R. Co., 370 U.S. 626, 629-30, 82 S.Ct. 1386, 1388 (1962)) Here, plaintiff failed to serve defendant and file a proof of service within 93 days after filing his complaint. (See, generally, Dkt.). Rule 4(m) of the Federal Rules…

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