Jesus Aparicio v. D and R Restaurant, Inc., et al
MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE re Dismissal for Lack of Prosecution by Judge Dale S. Fischer. Response to Order to Show Cause due by 11/20/2017. (dp)
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES − GENERAL
Case No. 2:17−cv−05510−DSF−GJS
JESUS APARICIO V. D AND R RESTAURANT, INC., ET AL
DALE S. FISCHER, UNITED STATES DISTRICT
Attorneys Present for Plaintiffs:
Attorneys Present for Defendants:
(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 Monday, November 20, 2017, why this action should
not be dismissed as to the applicable defendant(s) for lack of prosecution. 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 on that date.
Filing of the following on or before the date indicated above will constitute a
satisfactory response to the Order to Show Cause:
Proofs of service of summons and complaint on all defendants for whom
such documents have not yet been filed;
XX An appearance by all defendants who have been served or an application
for entry of default pursuant to Rule 55(a) of the Federal Rules of Civil
A request that the clerk enter default judgment or motion for entry of
default judgment pursuant to Rule 55(b) of the Federal Rules of Civil
IT IS SO ORDERED.
Initials of Deputy Clerk: dp
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