Clestine McGinnis v. Hartford Life and Accident Insurance Company et al

Filing 11

MINUTE ORDER IN CHAMBERS TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Jesus G. Bernal.(Response to Order to Show Cause due by 9/5/2014.) (mrgo)

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

Date

EDCV 14-0630 JGB (SPx)

August 28, 2014

Title Clestine McGinnis v. Hartford Life and Accident Ins. Co., et al.

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: Dismissal for Lack of Prosecution (IN
CHAMBERS)

Plaintiff is ORDERED to show cause why this case should not be dismissed for lack of
prosecution as to Defendant Group Long Term Disability Plan for Employees of Gambro, Inc.
Link v. Wabash R. Co., 370 U.S. 626 (1962) (court has inherent power to dismiss for lack of
prosecution on its own motion).
Plaintiff filed her Complaint on April 1, 2014. (Compl., Doc. No. 1.) No proof of
service is on file for either of the two Defendants. However, on June 6, 2014, Defendant
Hartford Life and Accident Insurance Company answered. (Doc. No. 9.) Defendant Group
Long Term Disability Plan for Employees of Gambro, Inc. has not answered or appeared in this
action.
Plaintiff has failed to file proof of service as to Defendant Group Long Term Disability
Plan for Employees of Gambro, Inc. within 120 days of the filing of the Complaint. Plaintiff can
satisfy this order by showing that service was effectuated on Group Long Term Disability Plan
for Employees of Gambro, Inc. within the 120 day deadline or by showing good cause for failure
to do so. Fed. R. Civ. P. 4(m).
Plaintiff must respond to this order by September 5, 2014. Failure to respond to this
Order will be deemed consent to the dismissal of the action against the unserved Defendant.
IT IS SO ORDERED.

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CIVIL MINUTES—GENERAL

Initials of Deputy Clerk MG