Beachbody, LLC v. Power Trade Direct et al

Filing 32

MINUTES (IN CHAMBERS)- ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Dolly M. Gee.The Court, on its own motion, orders plaintiff(s) to show cause in writing on or before September 5, 2017 why this action should not be dismissed as to defendant Carlos Andres Levii for lack of prosecution. 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. This action will be dismissed as to defendant Carlos Andres Levii if the above-mentioned document(s) are not filed by the date indicated above. (iv)

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

Date

CV 17-2093-DMG (JEMx)

August 22, 2017

Title Beachbody, LLC v. Power Trade Direct, et al.
Present: The Honorable

DOLLY M. GEE, UNITED STATES DISTRICT JUDGE

Kane Tien
Deputy Clerk

Not Reported
Court Reporter

Attorneys Present for Plaintiff(s)
Not Present

Attorneys Present for Defendant(s)
Not Present

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. See Fed. R. Civ.
P. 4(m). Generally, defendant must answer the complaint within 21 days after service (60 days if the
defendant is the United States).
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
September 5, 2017 why this action should not be dismissed as to defendant Carlos Andres Levii for lack
of prosecution. As an alternative to a written response by plaintiff(s), the Court will consider the filing of
one of the following, as an appropriate response to this Order To Show Cause, on or before the above
date, as evidence that the matter is being prosecuted diligently:
___X___ An answer by the following defendant(s): Carlos Andres Levii;
___X___ Plaintiff's application for entry of default pursuant to Rule 55a of the Federal Rules of Civil
Procedure;
It is plaintiff's responsibility 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 the default of any defendant. All
stipulations affecting the progress of the case must be approved by this Court. (Local Rules 7-1 and 7-2.)
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. This action will be dismissed as to defendant Carlos Andres Levii if the abovementioned document(s) are not filed by the date indicated above.

CV-90

CIVIL MINUTES - GENERAL

Initials of Deputy Clerk KT