Exhart Environmental Systems Inc v. Guoyi Yang
Filing
10
MINUTE ORDER IN CHAMBERS by Magistrate Judge Ralph Zarefsky: ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION by Magistrate Judge Ralph Zarefsky. (Response to Order to Show Cause due by 9/24/2013). (ib)
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
CV 13-05939 RZ
Title
EXHART ENVIRONMENTAL SYSTEMS v. GUOYI YANG, ETC.
Present: The Honorable
Date
9-16-13
RALPH ZAREFSKY, U.S. MAGISTRATE JUDGE
Ilene Bernal
N/A
Deputy Clerk
Court Reporter / Recorder
Attorneys Present for Plaintiff:
Attorneys Present for Defendants:
N/A
N/A
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. P. 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. P. 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 September 24, 2013, why this
action should not be dismissed as to the applicable defendant(s) for lack of prosecution. Pursuant to FED. R. CIV.
P. 78, 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:
9
Proofs of service of summons and complaint on all defendants for whom such documents have not
yet been filed;
:
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;
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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 Preparer
CV-90 (10/08)
CIVIL MINUTES - GENERAL
igb
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