JB Brothers, Inc. v. Jaewoo Chung et al

Filing 56

(IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION by Judge R. Gary Klausner as to Counter Defendant Kwang S Lim. Response to Order to Show Cause due by 9/30/2024. (jre)

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

2:24-cv-01994-RGK-ASx

Date

September 24, 2024

JB Brothers, Inc. v. Jaewoo Chung, 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

Generally, a party must serve an answer to a counterclaim or crossclaim within 21 days after being served with
the pleading that states the counterclaim or cross claim. (FRCiv.P 12(a)(1)(B))
In the present case, it appears that this time period has not been met. Accordingly, the court, on its own
motion, orders counter claimants to show cause in writing by September 30, 2024, why the Counterclaim
should not be dismissed for lack of prosecution as to certain counter defendants.
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 AND PROPER service of
summons and operative complaint

X

Response to the operative Counter Claim

9/26/24

Kwang S Lim

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

9/30/24

Kwang S Lim

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. 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.

CV-90 (12/02)

CIVIL MINUTES - GENERAL

Initials of Deputy Clerk jre