Board of Trustees of the California Ironworkers Field Pension Trust et al v. South Bay Iron, Inc.

Filing 10

ORDER TO SHOW CAUSE by Judge Fernando M. Olguin: For the reasons stated herein, a Response to Order to Show Cause is due by 3/21/2018 (Answer or Application for Entry of Default by South Bay Iron, Inc.). Failure to file a timely response to this Order to Show Cause may result in the action being dismissed for lack of prosecution and for failure to comply with the orders of the court, pursuant to Local Rule 41. (cw)

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

CV 17-9141 FMO (ASx)

Title

Board of Trustees of the California Ironworkers Field Pension Trust, et al. v.
South Bay Iron, Inc.

Present: The Honorable

Date

March 14, 2018

Fernando M. Olguin, United States District Judge

Cheryl Wynn

None Present

Deputy Clerk

Court Reporter / Recorder

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

None Present

None Present

Proceedings:

(In Chambers) Order to Show Cause Re: Dismissal Re: 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). Generally, a defendant must answer the complaint within 21 days after
service (60 days if the defendant is the United States). Fed. R. Civ. P. 12(a). The court may
dismiss the action prior to the 90 days, however, if plaintiff(s) has/have not diligently prosecuted
the action.
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
March 21, 2018, why this action should not be dismissed for lack of prosecution. Pursuant to Fed.
R. Civ. P. 78(b), 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,
if plaintiff/defendant files
X

An answer by the following defendant: South Bay Iron, Inc.

X

Plaintiff’s application for entry of default pursuant to Fed. R. Civ. P. 55(a) as to:
South Bay Iron, Inc.

on or before the date indicated above, the court will consider this a satisfactory response to the
Order to Show Cause. Failure to file a timely response to this Order to Show Cause may result
in the action being dismissed for lack of prosecution and for failure to comply with the orders of
the court, pursuant to Local Rule 41.
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Initials of Preparer

CV-90 (10/08)

CIVIL MINUTES - GENERAL

:

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cw

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