Summary
linking the ability to maintain an SBWA claim to the ability to maintain a breach of express warranty claim under state law
Summary of this case from Merchain v. Thor Motor Coach Inc.Opinion
Case No. EDCV 12 - 362 PSG (CWx)
04-18-2013
Adam Darling, et al. v. William E. Green, et al.
Attorneys Present for Plaintiffs: Not Present Attorneys Present for Defendants: Not Present
CIVIL MINUTES - GENERAL
Present: The Honorable Philip S. Gutierrez , United States District Judge
+-----------------------------------------+ ¦Wendy Hernandez¦Not Reported ¦ +---------------+-------------------------¦ ¦Deputy Clerk ¦Court Reporter / Recorder¦ +-----------------------------------------+
Attorneys Present for Plaintiffs:
Not Present
Attorneys Present for Defendants:
Not Present
Proceedings: (In Chambers): Order to Show Cause Why Defendants Kevin Parker, Fleetwood Motor Homes California Inc., General Equipment Company Inc., and Fresno Truck Center Should Not Be Dismissed Under Federal Rule of Civil Procedure 4(m).
The Court's Standing Order provides:
The Plaintiff(s) shall promptly serve the Complaint in accordance with Fed. R. Civ. P. 4 and file the proofs of service pursuant to Local Rules. Any Defendant(s) not timely served shall be dismissed from the action without prejudice. Any "DOE" or fictitiously-named Defendant(s) who is not identified and served within 120 days after the case is filed shall be dismissed pursuant to Fed. R. Civ. P. 4(m).Standing Order ¶1. Here, although Plaintiffs' First Amended Complaint ("FAC") named Kevin Parker, Fleetwood Motor Homes California Inc., General Equipment Company Inc., and Fresno Truck Center as defendants, there is no indication that these parties were timely served with the FAC. The FAC was filed on May 24, 2012. See Dkt. # 23. Pursuant to Federal Rule of Civil Procedure 4(m), the 120-day time limit for service expired on September 21, 2012. Accordingly, Plaintiff is hereby ordered to show cause by May 9, 2013 why Kevin Parker, Fleetwood Motor Homes California Inc., General Equipment Company Inc., and Fresno Truck Center should not be dismissed without prejudice pursuant to Federal Rule of Civil Procedure 4(m). The Court will consider the filing of the proof of service of Summons and Complaint by Plaintiff as to Kevin Parker, Fleetwood Motor Homes California Inc., General Equipment Company Inc., and Fresno Truck Center as an appropriate response to this Order to Show Cause.