Politis Family LLC v. The Pep Boys Manny Moe and Jack of California et al

Filing 62

(IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL RE: LACK OF PROSECUTION by Judge Fernando M. Olguin. Response to Order to Show Cause due by 12/21/2016. (vdr)

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

CV 16-1030 FMO (JCx)

Title

Politis Family LLC v. The Pep Boys Manny Joe and Jack of California, et
al.

Present: The Honorable

Date

December 13, 2016

Fernando M. Olguin, United States District Judge

Vanessa Figueroa

None Present

Deputy Clerk

Court Reporter / Recorder

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

None Present

None Present

Proceedings:

(In Chambers) Order re: Dismissal for Lack of Prosecution

On December 6, 2016, plaintiff Politis Family LLC (“plaintiff”) submitted Proofs of Service
indicating that defendants 1721 N. Long Beach, LLC and Javid Somekh were served with the
Summons and operative Second Amended Complaint on November 14, 2016. (See Dkt. 58,
Declaration of Victor J. Otten (“Otten Decl.”) at Exh. 2, ECF 648-49). Pursuant to Rule 12 of the
Federal Rules of Civil Procedure, a defendant must serve an answer “within 21 days after being
served with the summons and complaint.” Fed. R. Civ. P. 12(a)(1)(A)(i). As of the filing date of
this Order, neither 1721 N. Long Beach, LLC nor Javid Somekh have filed an answer. (See,
generally, Dkt.). Accordingly, IT IS ORDERED THAT:
1. No later than December 21, 2016, plaintiff shall file applications for entry of default
pursuant to Fed. R. Civ. P. 55(a) with respect to defendants 1721 N. Long Beach, LLC and Javid
Somekh.
2. Failure to comply with this Order may result in the imposition of sanctions and dismissal
of the above-identified defendants for lack of prosecution. See Fed. R. Civ. P. 41(b); Link v.
Wabash R.R. Co., 370 U.S. 626, 629-30, 82 S.Ct. 1386, 1388 (1962); Pagtalunan v. Galaza, 291
F.3d 639, 642 (9th Cir. 2002), cert. denied, 538 U.S. 909 (2003).

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Initials of Preparer

CV-90 (10/08)

CIVIL MINUTES - GENERAL

:

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vdr

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