Leemanuel Weilch v. Stone Field LLC et al

Filing 9

MINUTES (In Chambers) Order to Show Cause Re: Dismissal Re: Lack of Prosecution by Judge Fernando M. Olguin. *See Order for Details.* (rolm)

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

CV 22-5342 FMO (JEMx)

Title

Leemanuel Weilch v. Stone Field LLC

Present: The Honorable

Date

November 17, 2022

Fernando M. Olguin, United States District Judge

Gabriela Garcia

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 has 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 to show cause in writing on or before
November 28, 2022, 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: (1) a proof of service
of summons and complaint on defendant; (2) an answer by defendant; or (3) plaintiff’s application
for entry of default pursuant to Fed. R. Civ. P. 55(a) on or before the date indicated above. Failure
to file a timely response to this Order to Show Cause shall result in the action being dismissed for
lack of prosecution and for failure to comply with the orders of the court. See Fed. R. Civ. P. 4 &
41(b); Link v. Wabash R.R. Co., 370 U.S. 626, 629-30, 82 S.Ct. 1386, 1388 (1962).
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Initials of Preparer

CV-90 (10/08)

CIVIL MINUTES - GENERAL

:

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gga

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