Opinion
21-CV-6414 (VEC)
03-22-2022
JUAN CARLOS MARTINEZ, individually and on behalf of others similarly situated, Plaintiff, v. MEGA MUFFLER CENTER, CORP., d/b/a MEGA MUFFLER AUTO REPAIR; NELSON RODRIGUEZ, Defendants.
ORDER
VALERIE CAPRONI, UNITED STATES DISTRICT JUDGE:
WHEREAS Plaintiff filed this lawsuit on July 28, 2021, see Dkt. 1;
WHEREAS Plaintiff has failed to serve Defendant Nelson Rodriguez;
WHEREAS on November 12, 2021, the Court ordered Plaintiff to show cause why this case should not be dismissed for failure to prosecute under Federal Rule of Civil Procedure 41(b), both because of Plaintiff's failure to serve Defendant Rodriguez and because Plaintiff failed to apply for a certificate of default against Defendant Mega Muffler Center, Corp., which Plaintiff had served, see Dkt. 8;
WHEREAS Defendant Mega Muffler Center, Corp. answered the Complaint on December 5, 2021, see Dkt. 11;
WHEREAS with respect to Defendant Rodriguez, Plaintiff did not file anything by the deadline, which the Court extended at Plaintiff's request, see Dkt. 10;
IT IS HEREBY ORDERED that this case is DISMISSED as against Defendant Nelson Rodriguez for failure to prosecute under Federal Rule of Civil Procedure 41(b) and failure to serve within the time set by Federal Rule of Civil Procedure 4(m).
SO ORDERED.