Carline Thie v. Anthony Christopher et al

Filing 17

ORDER TO SHOW CAUSE by Judge Fernando M. Olguin. Response to Order to Show Cause due by 2/15/2018. (vdr)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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CARLINE THIE,

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Plaintiff,

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v.
ANTHONY CHRISTOPHER, et al.,

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Defendants.

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Case No. CV 17-7841 FMO (ASx)

ORDER TO SHOW CAUSE

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Plaintiff filed her Complaint on October 26, 2017, against two defendants, including Anthony

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Christopher (“Christopher”). (See Dkt. 1, Complaint). By order dated January 17, 2018, plaintiff

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was ordered to show cause, on or before January 24, 2018, why Christopher should not be

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dismissed for lack of prosecution for failure to complete service of the summons and complaint

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as required by Rule 4(m) of the Federal Rules of Civil Procedure.1 (See Dkt. 15, Court’s Order

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of January 17, 2018). Plaintiff was admonished that “[f]ailure to file a timely response to th[e]

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Order to Show Cause may result in [Christopher] being dismissed for lack of prosecution and for

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failure to comply with the orders of the court[.]” (Id.); see also Fed. R. Civ. P. 41(b); Link v.

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Wabash R.R. Co., 370 U.S. 626, 629-30, 82 S.Ct. 1386, 1388 (1962). As of the date of this Order,

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plaintiff has not filed a response to the OSC. (See, generally, Dkt.).

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Absent a showing of good cause, an action must be dismissed without prejudice if the

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Unless otherwise indicated, all “Rule” references are to the Federal Rules of Civil
Procedure.

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summons and complaint are not served on a defendant within 90 days after the complaint is filed.

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Fed. R. Civ. P. 4(m). However, the court will grant plaintiff one final opportunity to comply with

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Rule 4(m). Based on the foregoing, IT IS ORDERED THAT:

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1. Plaintiff shall file a proof of service relating to defendant Anthony Christopher no later
than February 15, 2018.

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2. Plaintiff is again admonished that failure to respond to the OSC or file a proof of service

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by the February 15, 2018, deadline will result in the action being dismissed without prejudice for

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lack of prosecution and/or failure to comply with the orders of the court. See Fed. R. Civ. P. 41(b);

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Link, 370 U.S. at 629-30, 82 S.Ct. at 1388.

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3. The Order to Show Cause Re: Dismissal Re: Lack of Prosecution, is hereby continued

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pending compliance with paragraph one above.

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Dated this 1st day of February, 2018.

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/s/
Fernando M. Olguin
United States District Judge

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