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

Filing 24

(IN CHAMBERS) ORDER TO SHOW CAUSE by Judge Fernando M. Olguin. The Order to show cause will stand submitted upon filing of plaintiff's response, if plaintiff files an application for entry of default in regards to defendant Jeremy Brown and Anthony Brown. Response to Order to Show Cause due by 10/2/2013. (jloz)

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

September 27, 2013

Fernando M. Olguin, United States District Judge

Julieta Lozano

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 plaintiff to show cause in writing on or before
Wednesday, October 2, 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 files an application for entry of default pursuant to Fed. R. Civ. P. 55(a) re: Jeremy Brown
and Anthony Brown on or before the date indicated above, the court will consider this a
satisfactory response to the Order to Show Cause. Failure to file a motion for default shall result
in the dismissal of defendants Anthony Brown and Jeremy Brown from this action.

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Initials of Preparer
CV-90 (10/08)

CIVIL MINUTES - GENERAL

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jloz
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