JCM Farming Inc v. Two Key LLC et al
Filing
28
MINUTE ORDER IN CHAMBERS RE: ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION by Judge Dale S. Fischer. The Court, on its own motion, orders plaintiff(s) to show cause in writing on or before Monday, 8/15/2011 why this action should not be dismissed as to the applicable defendant(s) for lack of prosecution. (vdr)
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
Title
CV 10-8126 DSF (OPx)
Date
7/22/11
JCM Farming, Inc. v. Two Key LLC, et al.
Present: The Honorable
DALE S. FISCHER, UNITED STATES DISTRICT JUDGE
Vanessa Del Rio
Not Present
Deputy Clerk
Court Reporter
Attorneys Present for Plaintiffs:
Attorneys Present for Defendants:
Not Present
Not Present
Proceedings:
(IN CHAMBERS) 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.
Proc. 4(m). Generally, defendants must answer the complaint within 21 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
Monday, August 15, 2011 why this action should not be dismissed as to the applicable defendant(s) for
lack of prosecution. 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 on that date.
Filing of the following on or before the date indicated above will constitute a satisfactory
response to the Order to Show Cause:
_XX_ Proofs of service of summons and complaint on all defendants for whom such documents have
not yet been filed;
___
An appearance by all defendants who have been served or an application for entry of default
pursuant to Rule 55(a) of the Federal Rules of Civil Procedure;
___
A request that the clerk enter default judgment or motion for entry of default judgment pursuant
to Rule 55(b) of the Federal Rules of Civil Procedure.
IT IS SO ORDERED.
Initials of Deputy Clerk
CV-90 (12/02)
CIVIL MINUTES - GENERAL
vdr
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?