Lisa Misraje Bentley v. James Randall Argue et al

Filing 14

ORDER TO SHOW CAUSE RE. LACK OF PROSECUTION by Judge Otis D. Wright, II. The Court therefore ORDERS Plaintiff TO SHOW CAUSE by Thursday, October 10, 2013, why the Court should not dismiss her case for lack of prosecution. No hearing will be held. The Court will discharge this Order upon a written statement demonstrating good cause or valid proofs of service for each Defendant. Failure to timely respond will result in dismissal of this action. (lc). Modified on 10/3/2013 (lc).

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O 1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 12 LISA MISRAJE BENTLEY, 13 14 15 16 17 18 v. Plaintiff, Case No. 5:13-cv-00950-ODW(OPx) ORDER TO SHOW CAUSE RE. LACK OF PROSECUTION JAMES RANDALL ARGUE; DAVID BRADSHAW; RALPH LINHARDT; MICHAEL H. RAMSEY; JACK ONG; JOHN DAVID WARE; DOES 1–10, inclusive, Defendants. 19 On May 23, 2013, Plaintiff Lisa Misraje Bentley filed a Complaint against 20 Defendants. The Clerk of Court issued a Summons the same day. Federal Rule of 21 Civil Procedure 4(m) provides that the court “must” dismiss an action if a defendant 22 has not been served within 120 days after the plaintiff files her complaint, unless the 23 plaintiff can show good cause for the delay. 24 Defendants by September 20, 2013—120 days after May 23, 2013. To date, Plaintiff 25 has not filed a single proof of service. Plaintiff therefore had to serve 26 The Court therefore ORDERS Plaintiff TO SHOW CAUSE by Thursday, 27 October 10, 2013, why the Court should not dismiss her case for lack of prosecution. 28 No hearing will be held. The Court will discharge this Order upon a written statement 1 demonstrating good cause or valid proofs of service for each Defendant. Failure to 2 timely respond will result in dismissal of this action. 3 IT IS SO ORDERED. 4 5 October 3, 2013 6 7 8 ____________________________________ OTIS D. WRIGHT, II UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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