Hoang Minh Le v. Doe, dba Jade House Seafood and BBQ Restaurant

Filing 14

[IN CHAMBERS] ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION by Judge R. Gary Klausner. The court, on its own motion, orders plaintiff(s) to show cause in writing on or before February 14, 2017 why this action should not be dismissed for l ack 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 plaintiff's response. Response to Order to Show Cause due by 2/14/2017. (pso)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL

Case No.
Title

EDCV 16-02271-RGK (DTBx)

Date

January 31, 2017

Hoang Minh Le v. Doe, dba Jade House Seafood and BBQ Restaurant

Present: The Honorable

R. GARY KLAUSNER, UNITED STATES DISTRICT JUDGE

Charles A.Rojas

N/A

Deputy Clerk

Court Reporter

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

None appearing

None appearing

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 90 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
February 14, 2017 why this action should not be dismissed 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 plaintiff’s
response.
If plaintiff/defendant files
X

Proof of timely service of summons and complaint on the following defendant(s): Doe dba Jade
House Seafood and BBQ Restaurant
A timely answer by the following defendant(s):
Plaintiff’s application for entry of default pursuant to Rule 55a of the Federal Rules of Civil
Procedure as to defendant(s):

on or before the date indicated above, the court will consider this a satisfactory response to the Order
To Show Cause.

CV-90 (12/02)

CIVIL MINUTES - GENERAL

Initials of Deputy Clerk CR