Hao Mong Thi Dang v. Huy Quang Phung

Filing 10

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)

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES—GENERAL Case No. 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 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) 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. Page 1 of 1 CIVIL MINUTES—GENERAL Initials of Deputy Clerk NP

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