Solobay v. Presidio Trust

Background

Michelle Solobay filed an amended complaint on December 17, 2024. The court stated that she had 90 days from that filing to serve the United States, making March 17, 2025, the service deadline.

The court stated that no summons had been issued for the United States and that no proof of service had been filed. According to the United States’ case management statements, Solobay had mailed a copy of the amended complaint and a draft summons by priority mail. The United States notified Solobay’s counsel that Federal Rule of Civil Procedure 4 permitted service on the United States by registered or certified mail, but Solobay did not respond. The United States later stated that it had received no further communication about service.

Solobay later asserted that a summons had been issued on July 12, 2024, before the United States replaced the Presidio Trust as the defendant, and that the summons and amended complaint were being served. The court questioned whether that summons could be used because it was directed to the Presidio Trust rather than the United States. The court also noted that Solobay stated she was the guardian ad litem for J.S., but J.S. was not listed as a plaintiff and Solobay had not asked the court to appoint her as guardian ad litem.

Order

Judge Kandis A. Westmore ordered Solobay to show cause by May 22, 2025, why the case should not be dismissed for failure to prosecute. The order required her to properly serve the United States and explain why she had not complied with the service deadlines for almost two months.

The court warned that failure to comply could result in reassignment of the case to a district judge, with a recommendation that the case be dismissed for failure to prosecute. The court continued the May 13, 2025 case management conference to June 24, 2025. The order states that the case management conference statement was due June 17, 2024.

This order issued a show-cause directive and continued the conference; it did not dismiss the case.