Bonifacio Lopez Garcia v. M.B.T. Investments, Inc. et al

Filing 11

MINUTE ORDER IN CHAMBERS RE ORDER TO SHOW CAUSE RE LACK OF PROSECUTION by Judge John A Kronstadt. Response to Order to Show Cause due by 11/2/2011. (vdr)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

LA CV11-00510 JAK (JCx)

Title

Bonifacio Lopez Garcia v. M.B.T. Investments, Inc. et al.

Present: The Honorable

Date

October 19, 2011

JOHN A. KRONSTADT, UNITED STATES DISTRICT JUDGE

Andrea Keifer

Not Reported

Deputy Clerk

Court Reporter / Recorder

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

(IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL RE LACK OF
PROSECUTION

The Court, on its own motion, orders Plaintiff to show cause in writing no later than November 2, 2011,
why this action should not be dismissed for lack of prosecution. In the absence of showing good
cause, an action shall be dismissed if the summons and complaint have not been served within 120
days after the filing of the complaint pursuant to Fed. R. Civ. P. 4(m). An action may be dismissed prior
to such time if the Plaintiff fails diligently to prosecute the action. The Proof of Service was filed on
February 2, 2011 (Dkt. 6); however the date of service indicates December 22, 2010, which is prior to
the filing of the Complaint that was lodged on January 18, 2011 and filed on February 2, 2011.
Furthermore, it does not indicate what documents were served and fails to list the names and
addresses of the person(s) served.
The Order to Show Cause will stand submitted upon the filing of an appropriate response. No oral
argument will be heard unless otherwise ordered by the Court. Plaintiff is advised that the Court will
consider the filing of a responsive pleading to the complaint and/or proof(s) of service, which indicates
proper service in full compliance with the federal rules, on or before the date upon which the response
is due, as a satisfactory response to the Order to Show Cause.

IT IS SO ORDERED.

:
Initials of Preparer

CV-90 (10/08)

CIVIL MINUTES - GENERAL

ak

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