Advanced Visual Image Design LLC v. California Blue Apparel Inc et al

Filing 9

ORDER TO SHOW CAUSE by Judge Dale S. Fischer. Response to Order to Show Cause due by 7/29/2013. (rne)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
Title

CV 13-4296 DSF (MRWx)

Date

7/17/13

Advanced Visual Image Design LLC v. California Blue Apparel, Inc.

Present: The Honorable

DALE S. FISCHER, UNITED STATES DISTRICT JUDGE

Debra Plato

Not Present

Deputy Clerk

Court Reporter

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

(IN CHAMBERS) 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.
Proc. 4(m). Generally, defendants must answer the complaint within 21 days after service (60 days if
the defendant is the United States). Fed. R. Civ. Proc. 12(a)(1).
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
Monday, July 29, 2013, why this action should not be dismissed as to the applicable defendant(s) for
lack of prosecution. 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 on that date.
Filing of the following on or before the date indicated above will constitute a satisfactory
response to the Order to Show Cause:
__

Proofs of service of summons and complaint on all defendants for whom such documents have
not yet been filed;

XX

An appearance by all defendants who have been served or an application for entry of default
pursuant to Rule 55(a) of the Federal Rules of Civil Procedure;

___

A request that the clerk enter default judgment or motion for entry of default judgment pursuant
to Rule 55(b) of the Federal Rules of Civil Procedure.

IT IS SO ORDERED.
Initials of Deputy Clerk

CV-90 (12/02)

CIVIL MINUTES - GENERAL

dp