Vincent K. Evans v. Alliance Funding et al

Filing 32

ORDER TO SHOW CAUSE re Dismissal re Lack of Prosecution by Judge Margaret M. Morrow: Response to Order to Show Cause due by 10/25/2010. (rrey)

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-RZ Vincent K. Evans v. Alliance Funding et al Doc. 32 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. Title CV 10-03200-MMM(RZx) Date October 5, 2010 Vincent K. Evans v. Alliance Funding et al Present: The Honorable Deputy Clerk MARGARET M. MORROW N/A Court Reporter Attorneys Present for Defendants: None appearing ANEL HUERTA Attorneys Present for Plaintiffs: None appearing Proceedings: Order to Show Cause re Dismissal re Lack of Prosecution Absent a showing of good cause, an action must be dismissed without prejudice if the summons and complaint are not served on a defendant within 120 days after the complaint is filed. Fed.R.Civ.Proc. 4(m). Generally, defendants must answer the complaint within 20 days after service (60 days if the defendant is the United States). Fed.R.Civ.Proc. 12(a)(1). In the present case, it appears that one or more of these time periods has not been met. Accordingly, the court, on its own motion, orders plaintiff(s) to show cause in writing on or before October 25, 2010 why this action should not be dismissed for lack of prosecution as to defendants: Alliance Funding; United Title; California Contractors License Board; California Secretary of State; Hamilton Way Trustee U.D.T. ; State of California Franchise Tax Board; John D Duncans; Gerald R Ross; Cal Western Reconveyance; and Millennium Foreclosure Services LLC;. Pursuant to Rule 78 of the Federal Rules of Civil Procedure, the court finds that this matter is appropriate for submission without oral argument. The Order To Show Cause will stand submitted upon the filing of plaintiff's response. If plaintiff files 9 4 Proof(s) of service of summons and complaint on the following defendant(s): An answer by the following defendant(s): Alliance Funding; United Title; California Contractors License Board; California Secretary of State; Hamilton Way Trustee U.D.T. ; State of California Franchise Tax Board; John D Duncans; Gerald R Ross; Cal Western Reconveyance; Millennium Foreclosure Services LLC OR 4 Plaintiff's application for entry of default pursuant to Rule 55a of the Federal Rules of Civil Procedure: Alliance Funding; United Title; California Contractors License Board; California Secretary of State; Hamilton Way Trustee U.D.T. ; State of California Franchise CIVIL MINUTES - GENERAL CV-90 (12/02) Initials of Deputy Clerk RR for AH Dockets.Justia.com Tax Board; John D Duncans; Gerald R Ross; Cal Western Reconveyance; Millennium Foreclosure Services LLC 9 Plaintiff's motion for default judgment pursuant to Rule 55b of the Federal Rules of Civil Procedure on or before the date indicated above, the court will consider this a satisfactory response to the Order To Show Cause. CV-90 (12/02) CIVIL MINUTES - GENERAL Initials of Deputy Clerk RR for AH

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