Star Fabrics Inc v. Zinga Inc et al

Filing 13

(IN CHAMBERS): ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR LACK OF PROSECUTION by Judge George H. Wu. Response to Order to Show Cause due by 7/7/2017. (kss)

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

CV 17-1277-GW (GJSx)

Title

Star Fabrics Inc v. Zinga, Inc., et al.

Present: The Honorable

Date

June 23, 2017

GEORGE H. WU, UNITED STATES DISTRICT JUDGE

Kamilla Sali-Suleyman

None Present

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

None Present

None Present

PROCEEDINGS (IN CHAMBERS):

ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT
BE DISMISSED FOR LACK OF PROSECUTION

This Order is issued pursuant to FRCP 4(m), which requires that plaintiff(s) serve the summons and
complaint upon all defendants within 90 days after filing the complaint. The Court may dismiss the action prior to
the 90 days, however, if plaintiff(s) has/have not diligently prosecuted the action.
It is the responsibility of plaintiff to respond promptly to all Orders and to prosecute the action diligently,
including filing proofs of service and stipulations extending time to respond. If necessary, plaintiff(s) must also
pursue Rule 55 remedies promptly upon default of any defendant. All stipulations affecting the progress of the
case must be approved by the Court, Local Rule 7-1.
The file in this case lacks the papers that would show it is being timely prosecuted, as reflected below.
Accordingly, the Court, on its own motion, hereby orders plaintiff(s) to show cause in writing no later than July 7,
2017 why this action should not be dismissed as to all remaining defendants for lack of prosecution.
As an alternative to a written response by plaintiff(s), the Court will accept one of the following, if it is
filed on or before the above date, as evidence that the matter is being prosecuted diligently.
•
•
•
•

Proof of service of summons and complaint (applicable for defendant(s) who have not been
served);
In cases removed from State Court, responsive pleadings filed by all defendants
Request for entry of default by plaintiff(s) (applicable where defendants have been served but not
answered);
Motion for default judgment.

No oral argument of this matter will be heard unless ordered by the Court. The Order will stand submitted
upon the filing of a responsive pleading or motion on or before the date upon which a response by plaintiff(s) is
due.

:
Initials of Preparer
CV-90 (06/04)

CIVIL MINUTES - GENERAL

KSS
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