John Durant v. San Diego Metropolitan Magazine et al
Filing
10
ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION by Magistrate Judge Frederick F. Mumm. (see attached) Response to Order to Show Cause due by 2/20/2018. (jm)
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
CV17-8077 FFM
Title
John Durant v. San Diego Metropolitan Magazine, et al.
Present: The Honorable
Date
February 5, 2018
Frederick F. Mumm, United States Magistrate Judge
James Munoz
N/A
Deputy Clerk
Court Smart / Recorder
Attorneys Present for Plaintiff:
Attorneys Present for Defendant:
None present
None present
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 Tuesday, February 20, 2018, 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:
X
Proofs of service of summons and complaint on all defendants for whom
such documents have not yet been filed;
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
Procedure;
CV-90 (10/08)
CIVIL MINUTES - GENERAL
Page 1 of 2
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
CV17-8077 FFM
Date
Title
February 5, 2018
John Durant v. San Diego Metropolitan Magazine, et al.
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
Procedure.
IT IS SO ORDERED.
:00
JM
CV-90 (10/08)
CIVIL MINUTES - GENERAL
Page 2 of 2
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