Jason Alan v. Security Credit Services, LLC et al

Filing 20

(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 4/25/2017. (vdr)

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

CV 17-1898 FMO (FFMx)

Title

Jason Alan v. Security Credit Services, LLC, et al.

Present: The Honorable

Date

April 19, 2017

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 to Show Cause Re: Dismissal Re: 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. P. 4(m). Generally, a defendant must answer the complaint within 21 days after
service (60 days if the defendant is the United States). Fed. R. Civ. P. 12(a). The court may
dismiss the action prior to the 90 days, however, if plaintiff has not diligently prosecuted the action.
In the present case, the complaint was filed on February 10, 2017, (see Dkt. 1, Notice of
Removal at ¶ 2; Dkt 1-1, Complaint), but it appears that plaintiff has not yet served Opt Out
Services LLC with the summons and complaint. Accordingly, the court, on its own motion, orders
plaintiff to show cause in writing on or before April 25, 2017, why Opt Out Services LLC should
not be dismissed for lack of prosecution. Pursuant to Fed. R. Civ. P. 78(b), 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
#

Proof(s) of service of summons and complaint on the following defendant(s):
Opt Out Services LLC

#

An answer by the following defendant(s):

Opt Out Services LLC

on or before the date indicated above, the court will consider this a satisfactory response to the
Order to Show Cause. Failure to file a timely response to this Order to Show Cause may result
in Opt Out Services LLC being dismissed for lack of prosecution and for failure to comply with the
orders of the court, pursuant to Fed. R. Civ. P. 41(b); Link v. Wabash R.R. Co., 370 U.S. 626, 62930, 82 S.Ct. 1386, 1388 (1962).
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Initials of Preparer

CV-90 (10/08)

CIVIL MINUTES - GENERAL

:

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vdr

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