John S. Barth v. Playster Corporation et al

Filing 28

(IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL RE: LACK OF PROSECUTION by Judge Fernando M. Olguin. No later than 5/15/2017, plaintiff shall serve the summons and complaint on defendants. No later than 5/17/2017, plaintiff shall file the proofs of service. (vdr)

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

CV 17-0274 FMO (JCx)

Title

John Barth v. Playster Corporation, et al.

Present: The Honorable

Date

May 2, 2017

Fernando M. Olguin, United States District Judge

Vanessa Figueroa

None

None

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorney Present for Plaintiff(s):

Attorney Present for Defendant(s):

None Present

None Present

Proceedings:

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

On April 4, 2017, plaintiff was ordered to show cause, on or before April 12, 2017, why this
action should not be dismissed for plaintiff's failure to complete service of the summons and
complaint as required by Rule 4(m) of the Federal Rules of Civil Procedure. (See Dkt. 24, Court’s
Order of April 4, 2017). As of April 27, 2017, plaintiff had not filed a response to the Order to
Show Cause. (See Dkt. 25, Court’s Order of April 27, 2017, at 1). Thus, on April 27, 2017, the
court dismissed the action without prejudice for lack of prosecution, specifically, plaintiff’s failure
to effect service of the summons and complaint, and plaintiff’s failure to comply with the Court’s
Order to Show Cause. (See id. at 2).
After the court issued its order, plaintiff sent an email to the court’s deputy clerk, attaching
a purported response to the Order to Show Cause (“OSC”). As an initial matter, plaintiff’s email
to the court’s deputy clerk was improper. A party may not file documents by emailing them to the
court’s deputy clerk. In any event, plaintiff’s purported responses to the OSC did not address
service of the summons and complaint on any of the numerous defendants named in his
complaint. The court will provide plaintiff one final opportunity to establish that he has served the
summons and complaint on defendants. If plaintiff provides sufficient proof of service of process
on one or more of the named defendants, the court will reopen the action as to the properly served
defendant(s).
Based on the foregoing, IT IS ORDERED THAT:
1. The document plaintiff emailed to the court’s deputy clerk shall be filed in as plaintiff’s
response to the court’s OSC. Plaintiff is admonished that he may not email documents for filing
to the court’s deputy clerk. The Clerk shall disregard all future emails sent by plaintiff that include
documents for filing.
2. No later than May 15, 2017, plaintiff shall serve the summons and complaint on
defendants.
3. No later than May 17, 2017, plaintiff shall file proofs of service showing valid service of
CV-90 (06/04)

CIVIL MINUTES - GENERAL

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

CV 17-0274 FMO (JCx)

Date

Title

John Barth v. Playster Corporation, et al.

May 2, 2017

the summons and complaint on defendants. If plaintiff provides sufficient proof of service of
process on one or more of the named defendants, the court will reopen the action as to the
properly served defendant(s).

Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

vdr

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