Tameca Shelton et al v. John McMahon et al

Filing 6

MINUTE ORDER IN CHAMBERS TO SHOW CAUSE RE: LACK OF PROSECUTION by Judge Jesus G. Bernal.(Response to Order to Show Cause due by 10/24/2014.) (mrgo)

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

EDCV 14-00711-JGB (SPx)

Date

October 10, 2014

Tameca Shelton, et al. -v- John McMahon, et al.

Present: The Honorable

JESUS G. BERNAL, UNITED STATES DISTRICT JUDGE

MAYNOR GALVEZ

Not Reported

Deputy Clerk

Court Reporter

Proceedings:

(IN CHAMBERS) Order to Show Cause re Dismissal for Lack of
Prosecution

Absent a showing of good cause, an action must be dismissed without prejudice if the
summons and complaint are not served on a defendant within 120 days after the complaint is
filed. Fed. R. Civ. Proc. 4(m). Generally, defendants must answer the complaint within 21 days
after service (60 days if the defendant is the United States). Fed R. Civ. Proc. 12(a)(1).
In the present case it, appears that one or more of these time periods has not been met.
Accordingly, the Court, on its own motion, orders plaintiff(s) to show cause in writing on or
before October 24, 2014, why this action should not be dismissed as to the applicable
defendant(s) for lack of prosecution. Pursuant to Rule 78 of the Federal Rules of Civil
Procedure, the Court finds that this matter is appropriate for submission without oral argument.
The Order to Show Cause will stand submitted upon the filing of a responsive pleading or
motion on or before the date upon which a response by the Plaintiff(s) is due.
Filing of the following on or before the date indicated above will constitute a satisfactory
response to the Order to Show Cause:.
•

Proof of service of summons and complaint (applicable for defendant(s) who have
not been served).

•
•

In cases removed from State Court, responsive pleadings filed by all defendants.
Request for entry of default by plaintiff(s) (applicable where defendants have been served
but not answered).

•

Motion for default judgment or request for clerk to enter default judgment
Pursuant to Rule 55 (b) of the Federal Rules of Civil Procedure.

IT IS SO ORDERED.

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CIVIL MINUTES—GENERAL

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