Moises Villalobos v. CS Motorwerks, Inc et al

Filing 19

ORDER TO SHOW CAUSE RE LACK OF PROSECUTION by Judge Stanley Blumenfeld, Jr.: Plaintiff is ordered to show cause, in writing, no later than 9/10/2024, why his claims against Defendant Nasch should not be dismissed for lack of prosecution. No oral argu ment on this matter will be heard unless otherwise ordered by the Court. If Plaintiff does not intend to prosecute his claims against Defendant Nasch, then no later than 9/10/2024, Plaintiff shall file a motion for default judgment against Defendant CS Motorwerks, Inc. See document for further details. (gk)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

MOISES VILLALOBOS,
Case No. 2:24-cv-04568-SB-E

Plaintiff,
v.

ORDER TO SHOW CAUSE RE
LACK OF PROSECUTION

CS MOTORWERKS, INC.,
Defendants.

Generally, a plaintiff must serve process on defendants within 90 days of the
filing of the complaint. See Fed. R. Civ. P. 4(m). The complaint in this matter was
filed on May 31, 2024. Dkt. No. 1. More than 90 days have passed since the
complaint in this case was filed, and Plaintiff has not filed a proof of service on
Defendant Nasch Westlake Commerce Center L.P. (Nasch). Plaintiff is ordered to
show cause, in writing, no later than September 10, 2024, why his claims against
Defendant Nasch should not be dismissed for lack of prosecution. No oral
argument on this matter will be heard unless otherwise ordered by the Court. See
Fed. R. Civ. P. 78; Local Rule 7-15.
The Court will consider as an appropriate response to this order to show
cause (OSC) the filing of proof of service showing that Defendant Nasch was
served within the 90-day period or a showing of good cause supporting a request to
extend the service period. The filing of a proof of service shall result in the
automatic discharge of this OSC without further order. Failure to timely respond
to the OSC will be construed as consent to dismissal without prejudice of
Plaintiff’s claims against Defendant Nasch.
If Plaintiff does not intend to prosecute his claims against Defendant Nasch,
then no later than September 10, 2024, Plaintiff shall file a motion for default
judgment against Defendant CS Motorwerks, Inc. (against which default was
entered on August 13). Failure to timely file the motion—or, in the alternative, a
status report explaining why the motion should not now be filed—may result in
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dismissal of Plaintiff’s claims against Defendant CS Motorwerks, Inc. for failure to
prosecute.
___________________________
Stanley Blumenfeld, Jr.
United States District Judge

Date: September 3, 2024

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