Arch Insurance Canada Ltd. v. Canadian American Transport, Inc., et al

Filing 11

MINUTES (IN CHAMBERS) Order To Show Cause Regarding Dismissal for Lack of Prosecution by Judge Andre Birotte Jr. Accordingly, the Court, on its own motion, orders Plaintiff(s) to show cause, in writing, on or before April 5, 2016, why this action sh ould 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. Failure to respond to this Order to Show Cause will be deemed consent to the dismissal of the action. (iv)

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

Case No.:

Title:

CV 15-08908-AB (AJWx)

Date:

March 22, 2016

Arch Insurance Canada Ltd. v. Canadian American Transport, Inc., et al

Present: The Honorable

ANDRÉ BIROTTE JR., United States District Judge

Carla Badirian

N/A

Deputy Clerk

Court Reporter

Attorney(s) Present for Plaintiff(s):

Attorney(s) Present for Defendant(s):

None Appearing

None Appearing

Proceedings:

[In Chambers] Order To Show Cause Regarding Dismissal for Lack of
Prosecution

Plaintiff(s) are ORDERED to show cause why this case should not be dismissed, for lack of prosecution.
Link v. Wabash R. Co., 370 U.S. 626 (1962) (Court has inherent power to dismiss for lack of prosecution
on its own motion).
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 April 5, 2016, 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. Failure to respond to
this Order to Show Cause will be deemed consent to the dismissal of the action.
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. Plaintiff(s) have failed to file a proof of service within 120 days of the filing of
the Complaint on the following Defendant(s): Canadian American Transport, Inc.;
Capital Southern Transport Inc.
Plaintiff(s) can satisfy this order by showing that service was effectuated within the 120
day deadline or by showing good cause for the failure to do so. Fed. R. Civ. P. 4(m).
IT IS SO ORDERED.
CV-90 (12/02)

CIVIL MINUTES - GENERAL

Initials of Deputy Clerk CB