United Van Lines LLC et al v. Jeremy Brown et al
Filing
110
(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 8/22/2014. (vdr)
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
CV 13-3983 FMO (MANx)
Title
United Van Lines LLC, et al. v. Jeremy Brown, et al.
Present: The Honorable
Date
August 14, 2014
Fernando M. Olguin, United States District Judge
Vanessa Figueroa
None Present
Deputy Clerk
Court Reporter / Recorder
Attorneys Present for Plaintiffs:
Attorneys Present for Defendants:
None Present
None Present
Proceedings:
(In Chambers) Order to Show Cause Re: Dismissal Re: 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). 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
the action.
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 Jeremy Brown (“Brown”) to show cause in
writing on or before August 22, 2014, why his counterclaims against Michael Jacobs should not
be dismissed for lack of prosecution. Pursuant to Fed. R. Civ. P. 78(b), the court finds this matter
is appropriate for submission without oral argument. The Order to Show Cause will stand
submitted upon the filing of Brown’s response. If Brown files an application for entry of default
pursuant to Fed. R. Civ. P. 55(a) against Michael Jacobs on or before the date indicated above,
the court will consider this a satisfactory response to the Order to Show Cause. Failure by Brown
to timely apply for entry of default shall result in dismissal of his counterclaims against Michael
Jacobs for lack of prosecution and/or failure to comply with a court order. See Fed. R. Civ. P.
41(b); Link v. Wabash R. Co., 370 U.S. 626, 629-30, 82 S.Ct. 1386, 1388 (1962).
00
Initials of Preparer
CV-90 (10/08)
CIVIL MINUTES - GENERAL
:
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vdr
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