Hao Mong Thi Dang v. Huy Quang Phung
MINUTE ORDER: (IN CHAMBERS) Order to Show Cause re Dismissal for Lack of Prosecution by Judge Jesus G. Bernal. SEE DOCUMENT FOR FURTHER INFORMATION. Response to Order to Show Cause due by 2/7/2023. (twdb)
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
EDCV 21-1946 JGB (KKx)
Date January 18, 2023
Title Hao Mong Thi Dang v. Huy Quang Phung
Present: The Honorable
JESUS G. BERNAL, UNITED STATES DISTRICT JUDGE
Attorney(s) Present for Plaintiff(s):
Attorney(s) Present for Defendant(s):
Order to Show Cause re Dismissal for Lack of Prosecution (IN
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).
Here, it appears that one or more of these time periods has not been met. Accordingly,
the Court, on its own motion, orders plaintiff to show cause in writing on or before February 7,
2023, why this action should not be dismissed as to the applicable defendants 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 is due.
IT IS SO ORDERED.
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