Star Fabrics Inc v. Shimmer Clothing Inc et al
(IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL RE: LACK OF PROSECUTION by Judge Fernando M. Olguin. Response to Order to Show Cause due by 11/13/2013. (jloz)
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
CV 13-2415 FMO (Ex)
Star Fabrics, Inc. v. Shimmer Clothing, Inc., et al.
Present: The Honorable
November 6, 2013
Fernando M. Olguin, United States District Judge
Court Reporter / Recorder
Attorneys Present for Plaintiffs:
Attorneys Present for Defendants:
(In Chambers) Order to Show Cause Re: Dismissal Re: Lack of
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). Generally, a defendant must answer the complaint within 21 days after
service (60 days if the defendant is the United States). Fed. R. Civ. P. 12(a). The court may
dismiss the action prior to the 120 days, however, if plaintiff(s) has/have not diligently prosecuted
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
November 13, 2013, why this action should not be dismissed for lack of prosecution. Pursuant
to Fed. R. Civ. P. 78(b), 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,
if plaintiff/defendant files
Proof(s) of service of summons and complaint on the following defendant(s):
An answer by the following defendant(s):
Plaintiff’s application for entry of default pursuant to Fed. R. Civ. P. 55(a): L A F O N D
Plaintiff’s motion for default judgment pursuant to Fed. R. Civ. P. 55(b):
LA FOND INTERNATIONAL, INC.
on or before the date indicated above, the court will consider this a satisfactory response to the
Order to Show Cause.
Initials of Preparer
CIVIL MINUTES - GENERAL
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