J R Simplot Company v. City Sea Foods Inc et al
Filing
16
MINUTE Of Order to Show Cause Re: Dismissal For Lack Of Prosecution by Judge Percy Anderson: Generally, defendants must answer the complaint within 21 days after service In the present case, it appears that this time period has not been met. Accordin gly, the court, on its own motion, orders plaintiff to show cause in writing on or before 12/22/2011, why this action should not be dismissed for lack of prosecution as to defendants City Sea Food, Inc. ("City Sea Food") and Joseph Heidelma ier individually and in his corporate capacity ("Heidelmaier"). 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 defendants City Sea Food and Heidelmaier. Court Reporter: Not Reported. (gk)
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
CV 11-6211 PA (RZx)
Title
J.R. Simplot Company v. City Sea Foods, Inc., et al.
Present: The
Honorable
Date
December 8, 2011
PERCY ANDERSON, UNITED STATES DISTRICT JUDGE
Paul Songco
Not Reported
N/A
Deputy Clerk
Court Reporter
Tape No.
Attorneys Present for Plaintiffs:
Attorneys Present for Defendants:
None
None
Proceedings:
Order to Show Cause Re: Dismissal For Lack Of Prosecution
Generally, defendants must answer the complaint within 21 days after service (60 days if the
defendant is the United States). Fed. R. Civ. P. 12(a)(1).
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 22, 2011, why this
action should not be dismissed for lack of prosecution as to defendants City Sea Food, Inc. (“City Sea
Food) and Joseph Heidelmaier individually and in his corporate capacity (“Heidelmaier”). 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 defendants City Sea Food and Heidelmaier.
IT IS SO ORDERED.
:
Initials of Preparer
CV-90 (06/04)
CIVIL MINUTES - GENERAL
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