United States of America ex rel, et al v. Kumar Lifecare Hospice Inc. et al
(IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION by Judge R. Gary Klausner. Response to Order to Show Cause due by 2/9/2024. (re: POS all defendants) (jre)
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
February 7, 2024
United States of America ex rel, et al. v. Kumar Lifecare Hospice Inc., et al.
Present: The Honorable
R. GARY KLAUSNER, UNITED STATES DISTRICT JUDGE
Attorneys Present for Plaintiffs:
Attorneys Present for Defendants:
(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 by February 9, 2024 why this action should
not be dismissed for lack of prosecution as to certain defendant/s.
Alternatively, the Court will consider the following a satisfactory response to the Order to Show Cause:
As to Defendant/s:
Proof of timely service of summons and operative
Kumar Lifecare Hospice Inc.
Free Spirit Hospice, Inc.
Response to the operative Complaint
If defendant fails to respond on the date above,
Plaintiff’s application for entry of default by clerk
pursuant to Rule 55a of the Federal Rules of
Plaintiff’s motion for default judgment pursuant
to Rule 55b of the Federal Rules of Civil
If a satisfactory response is not timely filed, the matter or the listed defendants will be dismissed for lack of
prosecution. A stipulation to extend dates or a notice of settlement do not constitute a proper response
to this order.
Pursuant to Rule 78 of the Federal Rules of Civil Procedure, the court finds that this matter is appropriate for
submission without oral argument.
Plaintiff to serve this order on any non-appearing defendant/s who have been formally served.
CIVIL MINUTES - GENERAL
Initials of Deputy Clerk jre
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