Clifton Walker v. 2635 Hyperion Station Inc et al

Filing 13

MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE by Judge Michael W. Fitzgerald. The Court ORDERS Plaintiff to show cause why this action should not be dismissed for lack of prosecution. In response to this Order to Show Cause, the Court will accept the fol lowing no later than NOVEMBER 29, 2021. BY PLAINTIFF: PROOF OF SERVICE. BY DEFENDANT: RESPONSE TO THE COMPLAINT. BY PLAINTIFF: AN APPLICATION FOR CLERK TO ENTER DEFAULT. Failure to respond to the Order to Show Cause will result in the dismissal of this action. (iv)

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

CV 21-6655 MWF (MRWx)

Title

Clifton Walker v. 2635 Hyperion Station Inc., et al.

Present: The Honorable:

Date: November 16, 2021

MICHAEL W. FITZGERALD, United States District Judge

Rita Sanchez
Deputy Clerk

Not Reported
Court Reporter / Recorder

Attorneys Present for Plaintiffs:
Not Present

Attorneys Present for Defendants:
Not Present

Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE

A review of the docket in this action reflects that the Complaint was filed on
August 17, 2021. (Docket No. 1). Pursuant to Federal Rules of Civil Procedure,
Rule 4(m), the time to serve the Complaint expired on November 15, 2021.
The Court ORDERS Plaintiff to show cause why this action should not be
dismissed for lack of prosecution. In response to this Order to Show Cause, the
Court will accept the following no later than NOVEMBER 29, 2021.
 BY PLAINTIFF: PROOF OF SERVICE of Summons, Complaint, and
ADA Disability Access Litigation/Application for Stay and Early
Mediation Packet on Defendant.
Any request by Plaintiff for an extension of time beyond the time limit set
forth in Fed. R. Civ. P. Rule 4(m) will only be granted upon a showing of good
cause, including, but not limited to, the date service was tendered to a process
server and the date service was first attempted by the process server. Failure
to timely file a Proof of Service, or request an extension of time to do so, will
result in the dismissal of this action on November 30, 2021.
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CV-90 (03/15)

Civil Minutes – General

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

CV 21-6655 MWF (MRWx)

Title

Date: November 16, 2021

Clifton Walker v. 2635 Hyperion Station Inc., et al.

 BY DEFENDANT: RESPONSE TO THE COMPLAINT (“Response”)
or APPLICATION FOR STAY AND EARLY MEDIATION (“ADA
Application”) by Defendant who has been served.
If the Proof of Service requires Defendant’s future Response or ADA
Application, and if Defendant does not timely file such a Response or ADA
Application, Plaintiff must file an Application to Clerk to Enter Default (“Default
Application”) within five calendar days after that Response or ADA Application
due date. Failure to do so will be deemed abandonment of this action and the
Court will immediately dismiss it for lack of prosecution.
 BY PLAINTIFF: AN APPLICATION FOR CLERK TO ENTER
DEFAULT for Defendant who has not timely responded to the
Complaint or filed an ADA Application.
If the Proof of Service reflects that Defendant’s time to respond to the
Complaint or file an ADA Application has already expired, Plaintiff must
concurrently file a Default Application with the Proof of Service. Failure to do so
will be deemed abandonment of this action and the Court will immediately dismiss
it for lack of prosecution.
No oral argument on this matter will be heard unless otherwise ordered by
the Court. See Fed. R. Civ. P. 78; Local Rule 7-15. The Order will stand
submitted upon the filing of the response to the Order to Show Cause. Failure to
respond to the Order to Show Cause will result in the dismissal of this action.
IT IS SO ORDERED.
Initials of Preparer: RS/sjm

CV-90 (03/15)

Civil Minutes – General

Page 2 of 2