Benny Mardones et al v. Cyndi Lauper et al

Filing 29

(IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION by Judge Percy Anderson: In the present case, it appears that this time period has not been met. Accordingly, the court, on its own motion, orders plaintiff to show cause in writi ng on or before December 13, 2017, why defendants Independent Presenters Network, CJ E and M Corp., and Just for Laughs Theatricals LLC should not be dismissed for lack of prosecution. Please refer to the Court's order for additional information. (cr)

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

CV 17-6440 PA (FFMx)

Title

Benny Mardones, et al. v. Cyndi Lauper, et al.

Present: The Honorable

Date

November 29, 2017

PERCY ANDERSON, UNITED STATES DISTRICT JUDGE

Kamilla Sali-Suleyman

Not Reported

N/A

Deputy Clerk

Court Reporter

Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

None

None

Proceedings:

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. P.
4(m).
In the present case, it appears that this time period has not been met. Accordingly, the court, on
its own motion, orders plaintiff to show cause in writing on or before December 13, 2017, why
defendants Independent Presenters Network, CJ E and M Corp., and Just for Laughs Theatricals LLC
should not be dismissed for lack of prosecution. Plaintiffs have indicated in the parties joint Rule 26(f)
report that they have reached a tentative agreement with these defendants. (Docket No. 27 at 3.)
Accordingly, Plaintiffs may satisfy their obligations under this Order by dismissing these defendants.
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. Failure to respond to this Order may result in the imposition of
sanctions, including but not limited to dismissal of the complaint.
IT IS SO ORDERED.

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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