Colvin
Colvin v. United States
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARLENA COLVIN, ET AL., No. 2:23–cv–01787–CKD Plaintiff, ORDER; FINDINGS AND
RECOMMENDATIONS
v.
UNITED STATES OF AMERICA, ET
AL.,
15 Defendant.
17 This action was filed on August 22, 2023 and assigned to solely the undersigned pursuant 18 to Appendix A of the Local Rules. (ECF Nos. 1, 3.) Plaintiffs were issued summons, an initial 19 scheduling order, and a consent form. (ECF Nos. 1, 2, 3.) 20 Under the initial scheduling order, plaintiffs were required to serve defendant within 90 21 days, and by 10 days after, “file with the Clerk a certificate reflecting such service.” (ECF No. 3 22 at 2.) This is also required by Rule 4 of the Federal Rules of Civil Procedure: 23 If a defendant is not served within 90 days after the complaint is filed, the court—on motion or on its own after notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for…