Bertha Diaz v. Nissan North America, Inc. et al

Filing 17

(In Chambers) Order to Show Cause re Dismissal for Lack of Prosecution by Judge R. Gary Klausner. The court, on its own motion, orders plaintiff(s) to show cause in writing on or before 1/26/2023, why this action should not be dismissed for lack of prosecution as to certain defendant/s. (See Civil Minutes for further specifics). (jp)

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

2:22-cv-06287-RGK-MRWx

Date

January 19, 2023

Bertha Diaz v. Nissan North America, Inc. et al

Present: The Honorable

R. GARY KLAUSNER, UNITED STATES DISTRICT JUDGE

Joseph Remigio

N/A

Deputy Clerk

Court Reporter

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

None appearing

None appearing

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 by January 26, 2023, 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:
Alternative Response

Response
Due Date

As to Defendant/s:

Proof of timely service of summons and operative
complaint

X

Response to the operative Complaint

1/24/2023

Nissan North America, Inc.

X

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
Civil Procedure

1/26/2023

Nissan North America, Inc.

Plaintiff’s motion for default judgment pursuant
to Rule 55b of the Federal Rules of Civil
Procedure
If a satisfactory response is not timely filed, the matter or the listed defendants will be dismissed 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.
Plaintiff to serve this order on any non-appearing defendant/s.

CV-90 (12/02)

CIVIL MINUTES - GENERAL

Initials of Deputy Clerk jre