Ruben Ramirez v. Bank of America NA et al

Filing 13

MINUTE ORDER TO SHOW CAUSE IN CHAMBERS by Judge Jesus G. Bernal, the Court, on its own motion, ORDERS Plaintiff to show cause in writing on or before August 23, 2013, why this action should not be dismissed for lack of prosecution.( Response to Order to Show Cause due by 8/23/2013.) (mrgo)

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

Date

EDCV 13-0528 JGB (OPx)

August 13, 2013

Title Ruben Ramirez v. Bank of America N.A..

Present: The Honorable

JESUS G. BERNAL, UNITED STATES DISTRICT JUDGE

MAYNOR GALVEZ

Not Reported

Deputy Clerk

Court Reporter

Attorney(s) Present for Plaintiff(s):

Attorney(s) Present for Defendant(s):

None Present

None Present

Proceedings: 

ORDER To Show Cause re: Lack of Prosecution (IN CHAMBERS)

On February 27, 2013, Plaintiff Ruben Ramirez filed his Complaint against Defendant
Bank of America. (Doc. No. 1.) Proof of service was filed on April 22, 2013 as to the sole
named Defendant. (Doc. Nos. 9.) The proof of service is incomplete as it does not indicate that
both the summons and complaint were served on a person authorized to accept service for Bank
of America. See Fed. R. Civ. P. 4.
Moreover, pursuant to Federal Rule of Civil Procedure 12(a)(1), Defendant must answer
the complaint within 20 days after service. Fed. R. Civ. P. 12(a)(1). No answers or responsive
pleadings have been filed in the case.
Accordingly, the Court, on its own motion, ORDERS Plaintiff to show cause in writing
on or before August 23, 2013, why this action should not be dismissed for lack of prosecution.
Link v. Wabash R. Co., 370 U.S. 626 (1962) (court has inherent power to dismiss for lack of
prosecution on its own motion). Filing proper proof of service within 120 days of the Complaint
in compliance with Fed. R. Civ. P. 4(m), an appearance by Defendant, or an application for entry
of default pursuant to Fed. R. Civ. P. 55(a) will constitute satisfactory responses to the Order to
Show Cause. Failure to respond to this Order will be deemed consent to the dismissal of the
action.

IT IS SO ORDERED.

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CIVIL MINUTES—GENERAL

Initials of Deputy Clerk MG