Arzu Norales v. Bondi

Background

Victor Francisco Arzu Norales filed a complaint on February 9, 2025. Because of a filing error, he filed another complaint on February 13, 2025. On March 30, 2025, he requested that summonses be issued, and electronic summonses were issued the next day. As of the date of the order, Plaintiff had not filed an affidavit of service or taken any other action to prosecute the case.

Order to Show Cause

The court ordered Plaintiff to submit, no later than June 6, 2025, a letter of no more than three pages supported by legal authority. The letter must demonstrate good cause—meaning a legally sufficient explanation—for why the action should not be dismissed under Federal Rule of Civil Procedure 4(m). The court explained that good cause generally exists only in exceptional circumstances where the failure to serve process on time resulted from circumstances beyond the plaintiff’s control. It also stated that courts consider the plaintiff’s diligence in attempting service and any prejudice caused to the defendant by the delay.

Disposition

Judge Vernon S. Broderick warned that Plaintiff’s failure to submit the letter and demonstrate good cause for not serving Defendants within 90 days after the complaint was filed would result in dismissal of the action. The order did not itself dismiss the case; it required Plaintiff to explain the failure to serve process.