Gilbert Herrera et al v. Capital One Bank (USA), N.A.

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 8/7/2017. (ah)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL

Case No.
Title

LA CV17-02428 RGK (AJWx)

Date

July 28, 2017

Gilbert Herrera et al v. Capital One Bank (USA), N.A.

Present: The Honorable

R. GARY KLAUSNER, UNITED STATES DISTRICT JUDGE

Anel Huerta

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
August 7, 2017 why this action should not be dismissed for lack of prosecution as to defendant Capital
One Bank (USA), N.A. 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): Capital One Bank (USA), N.A.

9

Plaintiff’s application for entry of default pursuant to Rule 55a of the Federal Rules of Civil
Procedure as to defendant(s):

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 ah