Great American Insurance Company, Inc., v. Megatrux, Inc., et al

Filing 83

MINUTE ORDER IN CHAMBERS ORDER to Show Cause re: Dismissal for Lack of Prosecution by Judge Jesus G. Bernal.(Response to Order to Show Cause due by 2/5/2015.) (mrgo)

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

Date

EDCV 14-1866 JGB (DTBx)

January 26, 2015

Title Great American Insurance Company, Inc. v. Megatrux, Inc., 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 in writing why this action should not be dismissed
for lack of prosecution as against the defendants listed below. See Fed. R. Civ. P. 4(m); Link v.
Wabash R. Co., 370 U.S. 626 (1962) (court has inherent power to dismiss for lack of prosecution
on its own motion).
 Freight Funding, LLC
 Baxter Bailey & Associates
 Tone Transport Company
 88 Transportation Inc
 M&A Trailer Repair
 Service Transport Incorporated
 Grand Express Corp
 Midwest Transport and Trucking, Inc
 Corelogic
 Castle Peak Carriers 88
 ESA Transportation
 Firstline Funding Group
 Balkan Express, LLC
 P&A Transportation, Inc
 Doc Transportation
 The DB7 Company, LLC
 Quick King Logistics Corp
Page 1 of 3

CIVIL MINUTES—GENERAL

Initials of Deputy Clerk MG/wr




















N-Johnny Corp
Advanced Transportation, Inc
Aerofund Financial
MVP Trans, Inc
Ave Transport, Inc
DDM Logistics
LJ Express Trucking Company of California, LLC
VSV Logistics, Inc
L&J Transportation Companies, Inc
Merrell Transport
North American Carriers
Lubenow Express, LLC
S.E.S. Transportation, LLC
Global Transport Logistics
Olympic Transfer Corporation
Blackjack Express, Inc
Sam Koch & Sons Trucking, Inc
Owner Operators Independent Drivers Association

Plaintiff filed its Complaint against numerous defendants, including those listed above,
on September 5, 2014. (Doc. No. 1.) Federal Rule of Civil Procedure 4(m) thus allowed
Plaintiff until January 5, 2015, to complete service on all defendants.1 There are no proofs of
service or executed waivers of service on file with the Court showing that the defendants listed
above were served by that date.2 Plaintiff has thus failed to demonstrate that service was
accomplished within 120 days of filing of the Complaint as required by Federal Rule of Civil
Procedure 4(m), which provides as follows:
If a defendant is not served within 120 days after the complaint is
filed, the court—on motion or on its own after notice to the
plaintiff—must dismiss the action without prejudice against that
defendant or order that service be made within a specified time.
But if the plaintiff shows good cause for the failure, the court must
extend the time for service for an appropriate period.
Fed. R. Civ. P. 4(m).

1

Because 120 days expired on Saturday, January 3, 2015, the deadline was extended
until Monday, January 5, 2015. See Fed. R. Civ. P. 6(a)(1)(C).
2

On January 16, 2015, Plaintiff filed proofs of service with respect to Defendants M&A
Trailer Repair, 88 Transportation, Inc., and Doc Transportation. (Doc. Nos. 77, 78 & 79.)
However, those proofs of service indicate that service was not completed within the 120-day
window specified in Rule 4(m).

Page 2 of 3

CIVIL MINUTES—GENERAL

Initials of Deputy Clerk MG/wr

Plaintiff can satisfy this order by demonstrating that service was effectuated on each of
the defendants listed above within the 120-day deadline — that is, by January 5, 2015 — or by
showing “good cause” for Plaintiff’s failure to timely serve the Defendants listed above in
accordance with Rule 4(m). Plaintiff must respond to this order in writing by February 5, 2015.
Alternatively, Plaintiff can respond to this order by requesting dismissal of the action against the
above-listed Defendants. Failure to adequately respond to this order will be deemed consent to
the dismissal of the action without prejudice against the defendants listed above.
IT IS SO ORDERED.

Page 3 of 3

CIVIL MINUTES—GENERAL

Initials of Deputy Clerk MG/wr