Gary Miller v. ADT, LLC et al

Filing 13

MINUTES (In Chambers) Order to Show Cause re Dismissal for Lack of Prosecution by Judge R. Gary Klausner. 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 December 2, 2022, why this action should not be dismissed for lack of prosecution as to certain defendant/s. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm)

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

2:22-cv-08229-RGK-JPRx

Date

November 18, 2022

Gary Miller v. ADT, LLC, 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 December 2, 2022, 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

11/30/2022

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

12/2/2022

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.l

CV-90 (12/02)

CIVIL MINUTES - GENERAL

Initials of Deputy Clerk jre