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

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