California Supply Inc v. Cal Supply Depot Inc et al

Filing 9

MINUTE ORDER IN CHAMBERS by Judge R. Gary Klausner. Order to Show Cause re Dismissal for Lack of Prosecution. The court, on its own motion, orders plaintiff(s) to show cause in writing on or beforeAugust 27, 2014 why this action should not be dismis sed for lack of prosecution. Pursuant to Rule 78of the Federal Rules of Civil Procedure, the court finds that this matter is appropriate for submissionwithout oral argument. The Order To Show Cause will stand submitted upon the filing of plaintiff'sresponse. (pso)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL

Case No.
Title

CV 14-05529-RGK (PJWx)

Date

August 20, 2014

California Supply Inc v. Cal Supply Depot Inc et al

Present: The Honorable

R. GARY KLAUSNER, UNITED STATES DISTRICT JUDGE

Sharon L. Williams

N/A

Deputy Clerk

Court Reporter

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

None appearing

None appearing

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
August 27, 2014 why this action should not be dismissed 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 upon the filing of plaintiff’s
response.
If plaintiff/defendant files
9

Proof of timely service of summons and complaint on the following defendant(s):

:

A timely answer by the following defendant(s): Cal Supply Depot, Inc. (Answer was due
August 14, 2014) -OR-

:

Plaintiff’s application for entry of default pursuant to Rule 55a of the Federal Rules of
Civil Procedure as to defendant(s): Cal Supply Depot, Inc.

9

Plaintiff’s motion for default judgment pursuant to Rule 55b of the Federal Rules of Civil
Procedure.

on or before the date indicated above, the court will consider this a satisfactory response to the Order
To Show Cause.

CV-90 (12/02)

CIVIL MINUTES - GENERAL

Initials of Deputy Clerk slw