Securities and Exchange Commission v. Edward Chen et al

Filing 106

MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Percy Anderson. 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). Accordingly, the court, on its own motion, orders plaintiff to show cause in writing on or before March 26, 2018 why this action should not be dismissed for lack of prosecution as to def endants Home Paradise Investment Center LLC, GH Investment LP, GH Design Group, LLC, Golden Galaxy LP, and Mega Home, LLC. Failure to respond to this Order may result in the imposition of sanctions, including but not limited to dismissal of the complaint as to these defendants. (iv)

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

CV 17-6929 PA (JEMx)

Title

Securities & Exchange Commission v. Edward Chen, et al.

Present: The Honorable

Date

March 12, 2018

PERCY ANDERSON, UNITED STATES DISTRICT JUDGE

Renee A. Fisher

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). Additionally, defendants must usually answer the complaint within
21 days after service (60 days if the defendant is the United States). Fed. R. Civ. P. 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 to show cause in writing on or before
March 26, 2018 why this action should not be dismissed for lack of prosecution as to defendants
Home Paradise Investment Center LLC, GH Investment LP, GH Design Group, LLC, Golden
Galaxy LP, and Mega Home, LLC. 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 as to these defendants.

:
Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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