Schwartz

Schwartz Foundation v. Schwartz

Good Law
United States District Court, Northern District of CaliforniaMay 15, 20243:23-cv-06086California782 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SCHWARTZ FOUNDATION, et al., Case No. 23-cv-06086-JSC

Plaintiffs,

ORDER DISMISSING CASE FOR

v. FAILURE TO SERVE

MARGOT D SCHWARTZ, Re: Dkt. Nos. 27, 28, 30 Defendant.

12 Plaintiffs filed this action on November 22, 2023. (Dkt. No. 1.) Pursuant to the Federal Rules of Civil Procedure, Plaintiffs were required to serve Defendant with the complaint and summons within 90 days of the complaint’s filing. Fed. R. Civ. P. 4(b), (c), (m). Because Plaintiffs failed to serve Defendant before the deadline, the Court ordered Plaintiffs to show cause why the action should not be dismissed without prejudice for failure to serve. (Dkt. No. 27.) Plaintiffs responded by swearing “[s]ervice of the summons and complaint in this action has been accomplished pursuant to Code of Civil Procedure section 415.40.” (Dkt. No. 28.) The Court then directed “[t]his action will be dismissed without prejudice unless Plaintiff files the overdue proof of…

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