John Hackert v. Charles Band et al

Filing 17

(IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL RE: LACK OF PROSECUTION by Judge Fernando M. Olguin. The court, on its own motion, orders plaintiff(s) to show cause in writing on or before March 13, 2015, why this action should not be dismissed for lack of prosecution. Pursuant to Fed. R. Civ. P. 78(b), 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 files proof(s) of service of summons and complaint on the following defendant(s): Charles Band and Full Moon Holdings Corp. on or before the date indicated above, the court will consider this a satisfactory response to the Order to Show Cause. (jloz)

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

CV 14-8814 FMO (JPRx)

Title

John Hackert v. Charles Band et al.

Present: The Honorable

Date

February 20, 2015

Fernando M. Olguin, United States District Judge

Julieta Lozano

None Present

Deputy Clerk

Court Reporter / Recorder

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

None Present

None Present

Proceedings:

(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. P. 4(m). Generally, a defendant must answer the complaint within 21 days after
service (60 days if the defendant is the United States). Fed. R. Civ. P. 12(a). The court may
dismiss the action prior to the 120 days, however, if plaintiff(s) has/have not diligently prosecuted
the action.
Accordingly, the court, on its own motion, orders plaintiff(s) to show cause in writing on or
before March 13, 2015, why this action should not be dismissed for lack of prosecution. Pursuant
to Fed. R. Civ. P. 78(b), 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 files
#

Proof(s) of service of summons and complaint on the following defendant(s): Charles Band
and Full Moon Holdings Corp.

9

An answer by the following defendant(s):

9

Plaintiff’s application for entry of default pursuant to Fed. R. Civ. P. 55(a):

9

Plaintiff’s motion for default judgment pursuant to Fed. R. Civ. P. 55(b):

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

CV-90 (10/08)

CIVIL MINUTES - GENERAL

:

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jloz

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