DC Comics v. Mark Towle et al

Filing 8

MINUTE ORDER IN CHAMBERS by Judge Ronald S.W. Lew: as to why this case should not be dismissed for lack of prosecution. The Court orders that plaintiff(s) shall show cause in writing no later than NOVEMBER 18, 2011, why this action should be dismissed as to all remaining defendants for lack of prosecution. (jl)

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. CV 11-3934 RSWL (OPx) Title DC Comics v. Mark Towle, et al. Present: The Honorable Date November 8, 2011 RONALD S.W. LEW, Senior, United States District Court Judge Staci J. Momii N/A Deputy Clerk Court Reporter / Recorder Attorneys Present for Plaintiffs: Attorneys Present for Defendants: Not Present Not Present Proceedings: IN CHAMBERS - ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR LACK OF PROSECUTION This Order is issued pursuant to FRCP 4(m), which requires that plaintiff(s) serve the summons and complaint upon all defendants within 120 days after filing the complaint. The Court may dismiss the action prior to the 120 days, however, if plaintiff(s) has/have not diligently prosecuted the action. It is the responsibility of plaintiff to respond promptly to all Orders and to prosecute the action diligently, including filing proofs of service and stipulations extending time to respond. If necessary, plaintiff(s) must also pursue Rule 55 remedies promptly upon default of any defendant. All stipulations affecting the progress of the case must be approved by the Court, Local Rule 7-1. The file in this case lacks the papers that would show it is being timely prosecuted, as reflected below. Accordingly, the Court, on its own motion, hereby orders plaintiff(s) to show cause in writing no later than NOVEMBER 18, 2011, why this action should not be dismissed as to all remaining defendants for lack of prosecution. As an alternative to a written response by plaintiff(s), the Court will accept one of the following, if it is filed on or before the above date, as evidence that the matter is being prosecuted diligently. ! Proof of service of the Summons and Complaint on ALL defendants No oral argument of this matter will be heard unless ordered by the Court. The Order will stand submitted upon the filing of a responsive pleading or motion on or before the date upon which a response by plaintiff(s) is due. : Initials of Preparer CV-90 (10/08) CIVIL MINUTES - GENERAL 00 smom Page 1 of 1