Quiksilver, Inc. et al v. Overseas Trading Group, LLC et al

Filing 28

ORDER TO SHOW CAUSE by Judge Percy Anderson. 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. P. 4(m). In the present case, it appears that this time period has not been met. Accordingly, the court, on its own motion, orders plaintiff to show cause in writing on or before December 14, 2010, why this action should not be dismissed for lack of prosecu tion as to defendant, Mitchell Weissman ("Weissman"). 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 plaintiffs response. Failure to respond to this Order may result in the imposition of sanctions, including but not limited to dismissal of the complaint as to Weissman. IT IS SO ORDERED. (ag)

-PJW Quiksilver, Inc. et al v. Overseas Trading Group, LLC et al

Doc. 28

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL Case No. Title CV 10-4109 PA (PJWx) Quiksilver, Inc. v. Overseas Trading Group, LLC, et al. Date November 30, 2010

Present: The Honorable Paul Songco Deputy Clerk

PERCY ANDERSON, UNITED STATES DISTRICT JUDGE Not Reported Court Reporter N/A Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Proceedings:

Order to Show Cause Re: Dismissal For 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. P. 4(m). In the present case, it appears that this time period has not been met. Accordingly, the court, on its own motion, orders plaintiff to show cause in writing on or before December 14, 2010, why this action should not be dismissed for lack of prosecution as to defendant, Mitchell Weissman ("Weissman"). 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. Failure to respond to this Order may result in the imposition of sanctions, including but not limited to dismissal of the complaint as to Weissman. IT IS SO ORDERED.

: Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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