Randy Newland v. Resurgent Capital Services L.P.

Filing 10

ORDER TO SHOW CAUSE by Magistrate Judge Shashi H. Kewalramani.Accordingly, Plaintiff is ORDERED TO SHOW CAUSE in writing by January 25,2023, why this action should not be dismissed for failure to prosecute. Plaintiff can satisfy this order by requesting that default be entered against Defendant pursuant to Rule 55 by the date stated above. Plaintiff is warned that failure to timely respond to this OSC in the manner stated above may result in the dismissal of this action for failure to prosecute and follow Courtorders. (dc)

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

5:22-cv-02165-SHK

Date January 19, 2023

Randy Newland v. Resurgent Capital Services L.P.

Present: The Honorable

Shashi H. Kewalramani, United States Magistrate Judge

D. Castellanos

Not Reported

Deputy Clerk

Court Reporter

Attorney(s) Present for Plaintiff(s):

Attorney(s) Present for Defendant(s):

None Present

None Present

Proceedings:

(IN CHAMBERS) ORDER TO SHOW CAUSE

On December 5, 2022, Plaintiff Randy Newland (“Plaintiff”) filed a Complaint
(“Complaint” or “Compl.”) against Defendant Resurgent Capital Services L.P. (“Defendant”).
Electronic Case Filing Number (“ECF No.”) 1, Compl. On December 28, 2022, Plaintiff filed a
Proof of Service of Summons of Complaint (“Proof of Service” or “POS”), indicating that
Plaintiff served the summons and Complaint on Defendant on December 14, 2022. ECF No. 7.
Generally, defendants must answer or otherwise respond to a complaint within twentyone days after being served with the summons and Complaint. Fed. R. Civ. P. 12(a)(1)(A)(i).
Here, because service was effectuated on December 14, 2022, Defendant’s answer was due
twenty-one days later, on January 4, 2023. As of the date of this Order, Defendant has not filed
an answer or otherwise responded to the Complaint and Plaintiff has not requested that default be
entered against Defendant as authorized under Federal Rule of Civil Procedure (“Rule”) 55. As
such, this litigation is stalled.
Accordingly, Plaintiff is ORDERED TO SHOW CAUSE in writing by January 25,
2023, why this action should not be dismissed for failure to prosecute. Plaintiff can satisfy this
order by requesting that default be entered against Defendant pursuant to Rule 55 by the date
stated above. Plaintiff is warned that failure to timely respond to this OSC in the manner stated
above may result in the dismissal of this action for failure to prosecute and follow Court
orders.
IT IS SO ORDERED.
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CIVIL MINUTES—GENERAL 

Initials of Deputy Clerk iv