United Van Lines LLC et al v. Jeremy Brown et al

Filing 119

(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 9/4/2014. (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 28, 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

Generally, a defendant must answer the complaint (or counterclaims) within 21 days after
service. See Fed. R. Civ. P. 12(a). Here, defendant Jeremy Brown (“Brown”) filed counterclaims
against Michael Jacobs (“Jacobs”) and proof of service on July 17, 2014.
Because no answer to the counterclaims had been filed, the court, on August 14, 2014,
ordered Brown to show cause in writing why his counterclaims against Jacobs should not be
dismissed for lack of prosecution. Brown was required to file an application for entry of default
against Jacobs no later than August 22, 2014. (See Court’s Order of August 14, 2014). On
August 17, 2014, Brown filed an application for entry of default, which the court denied without
prejudice as deficient on August 20, 2014. (See Court’s Order of August 20, 2014). As of the date
of this Order, Brown has not filed a renewed application for entry of default against Jacobs.
Accordingly, IT IS ORDERED that Brown shall file an application for entry of default against
Jacobs no later than September 4, 2014. Failure by Brown to timely apply for entry of default
shall result in dismissal of his counterclaims against 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).

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Initials of Preparer

CV-90 (10/08)

CIVIL MINUTES - GENERAL

:

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vdr

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