Brooke v. Independence Menlo Hotel Owner LLC

Background

Theresa Brooke filed the action on October 18, 2019. Under the initial case-management scheduling order and General Order 56, her deadline to complete service on Independence Menlo Hotel Owner LLC or file a motion for administrative relief from the service deadline was December 17, 2019.

The docket showed that Brooke filed a returned summons stating that Albert Damonte had been served for C T Corporation System, Inc. The Clerk’s Office declined to enter default because the party served was not the same as the party named on the summons. Brooke took no further action, and the record did not appear to show that Independence Menlo had waived service.

Order to Show Cause

The court ordered Brooke to appear on January 21, 2020, and show cause—explain—why the action should not be dismissed without prejudice for failure to timely complete service of process and failure to prosecute. If she contested dismissal, the court required her to file a response by January 16, 2020.

The order also reminded the parties that all named parties must consent before a magistrate judge may hear and decide the case. The parties could withhold consent without adverse substantive consequences. The opinion did not itself dismiss the action; it required Brooke to respond to the proposed dismissal.

Disposition

Judge Virginia K. Demarchi issued an order to show cause and set a hearing. The opinion does not state a final dismissal or any ruling on the underlying claims.