Elkay International Limited v. Color Image Apparel Inc et al

Filing 22

ORDER TO SHOW CAUSE RE LACK OF PROSECUTION by Judge Margaret M. Morrow. Response to Order to Show Cause due by 11/6/2014. (ah)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES − GENERAL
Case
No.: 2:14−cv−08028−MMM−VBK
Date: 10/30/2014
Title: ELKAY INTERNATIONAL LIMITED V. COLOR IMAGE APPAREL INC ET AL
Present: The Honorable Margaret M. Morrow , U. S. District Judge
Deputy Clerk: Anel Huerta
Court Reporter: N/A
Attorneys Present for Plaintiffs:
None Appearing
Proceedings:

Attorneys Present for Defendants:
None Appearing

(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.Proc. 4(m). Generally, defendants must answer the
complaint within 20 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 November 6, 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:
Proof(s) of service of summons and complaint on the following defendant(s):

An answer by the following defendant(s):
Color Image Apparel Inc and Marco DeGeorge

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES − GENERAL
Case No.: 2:14−cv−08028−MMM−VBK
Date: October
30, 2014
Title: ELKAY INTERNATIONAL LIMITED V. COLOR IMAGE APPAREL INC ET AL
Plaintiff's application for entry of default pursuant to Rule 55a of the Federal Rules
of Civil Procedure:
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.
Initials of Deputy Clerk: ah

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