Unicolors Inc v. Mangel Stores Corp et al

Filing 28

ORDER TO SHOW CAUSE RE. SERVICE ON DEFENDANT MANGEL STORES CORP by Judge Otis D. Wright, II: To date, Unicolors has filed no proof of service upon Mangel Stores Corp. The Court therefore ORDERS Plaintiff TO SHOW CAUSE by Friday,December 27, 2013, why the Court should not dismiss Unicolorss claims againstMangel Stores Corp. for lack of prosecution. No hearing will be held; The Court will discharge this Order upon filing of a valid proof of service upon Mangel Stores Corp. or a written statement demonstrating good cause for the delay. Failure to timelyrespond will result in dismissal Mangel Stores Corp. from this action. (lc)

1
2
3
4
5
6
7
8
9

UNITED STATES DISTRICT COURT

10

CENTRAL DISTRICT OF CALIFORNIA

11
12

UNICOLORS, INC.,

13
14
15
16

v.

Plaintiff,

MANGEL STORES CORP.; SUSIE’S
DEALS; RAINBOW SHOPS, INC.; CITI
TRENDS, INC.; DOES 1–10, inclusive,

Case No. 2:13-cv-06152-ODW(FFMx)
ORDER TO SHOW CAUSE RE.
SERVICE ON DEFENDANT
MANGEL STORES CORP.

Defendants.

17
18

On August 21, 2013, Plaintiff Unicolors, Inc. filed a Complaint against

19

Defendants. (ECF No. 1.) The Clerk of Court issued a Summons the same day.

20

(ECF No. 2.)

21

Federal Rule of Civil Procedure 4(m) provides that the court “must” dismiss an

22

action if a defendant has not been served within 120 days after the plaintiff files its

23

complaint, unless the plaintiff can show good cause for the delay. Unicolors therefore

24

had to serve Mangel Stores Corp. by December 19, 2013—120 days after August 21,

25

2013. To date, Unicolors has filed no proof of service upon Mangel Stores Corp.

26

The Court therefore ORDERS Plaintiff TO SHOW CAUSE by Friday,

27

December 27, 2013, why the Court should not dismiss Unicolors’s claims against

28

Mangel Stores Corp. for lack of prosecution. No hearing will be held. The Court will

1

discharge this Order upon filing of a valid proof of service upon Mangel Stores Corp.

2

or a written statement demonstrating good cause for the delay. Failure to timely

3

respond will result in dismissal Mangel Stores Corp. from this action.

4

IT IS SO ORDERED.

5
6

December 20, 2013

7
8
9

____________________________________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2