Prime Healthcare Services La Palma, LLC v. Sylvia Mathews Burwell

Filing 13

[In Chambers] Order to Show Cause re Dismissal for Lack of Prosecution by Judge R. Gary Klausner. Response to Order to Show Cause due by 4/26/2017. (ah)

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. Title CV 17-00802-RGK (AGRx) Date April 19, 2017 PRIME HEALTHCARE SERVICES LA PALMA, LLC v. SYLVIA MATHEWS BURWELL Present: The Honorable R. GARY KLAUSNER, UNITED STATES DISTRICT JUDGE Sharon L. Williams N/A Deputy Clerk Court Reporter Attorneys Present for Plaintiffs: Attorneys Present for Defendants: None appearing None appearing Proceedings: [In Chambers] Order to Show Cause re Dismissal for 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 90 days after the complaint is filed. Fed.R.Civ.Proc. 4(m). Generally, defendants must answer the complaint within 21 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 April 26, 2017 why this action should not be dismissed for lack of prosecution as to defendant Sylvia Mathews Burwell. 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 9 Proof of timely service of summons and complaint on the following defendant(s): : A timely answer by the following defendant(s): Sylvia Mathews Burwell (answer due 04/10/2017) -OR- : Plaintiff’s application for entry of default pursuant to Rule 55a of the Federal Rules of Civil Procedure as to defendant(s): Sylvia Mathews Burwell 9 Plaintiff’s motion for default judgment pursuant to Rule 55b of the Federal Rules of Civil Procedure as to defendant(s): on or before the date indicated above, the court will consider this a satisfactory response to the Order To Show Cause. CV-90 (12/02) CIVIL MINUTES - GENERAL Initials of Deputy Clerk slw

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