Inn Foods Inc v. City Sea Foods Inc et al
Filing
11
MINUTES Of Order to Show Cause Re: Dismissal For Lack Of Prosecution 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 aft er the complaint is filed. 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 12/22/2011, why this action should not be dismissed f or lack of prosecution as to defendants City Sea Foods, Inc., R. Ranch Ventures, LLC, All Ports Seafood, Inc., and Joseph J. 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 against defendants. Court Reporter: Not Reported. (gk)
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
CV 11-6249 PA (RZx)
Title
Inn Foods, Inc. 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:
Proceedings:
Attorneys Present for Defendants:
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 22, 2011, why this
action should not be dismissed for lack of prosecution as to defendants City Sea Foods, Inc., R. Ranch
Ventures, LLC, All Ports Seafood, Inc., and Joseph J. Heidelmaier (collectively “defendants”). 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 against defendants.
IT IS SO ORDERED.
:
Initials of Preparer
CV-90 (06/04)
CIVIL MINUTES - GENERAL
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