Fast Post Shanghai Logistics Co., Ltd v. B612 Tima Inc et al

Filing 75

MINUTE ORDER (IN CHAMBERS) Order to Show Cause re Dismissal for Failure to Prosecute by Judge Jesus G. Bernal. SEE DOCUMENT FOR FURTHER INFORMATION. Response to Order to Show Cause due by 9/4/2024. (twdb)

In tandem with its opposition to the MTR, Plaintiff submitted a proof of service of the
summons and Complaint on Rail Dog, of which the Court took judicial notice. (See MTR Order
at 5.) However, to date, Plaintiff has filed no proof of service of the summons and FAC on Rail
Dog. 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 as no proof of service of the
FAC on Rail Dog has been filed, and Rail Dog has not appeared in this action.
Federal Rule of Civil Procedure 41(b) grants the Court authority to sua sponte dismiss
actions for failure to prosecute or failure to comply with court orders. See Fed. R. Civ. P. 41(b);
Wolff v. California, 318 F.R.D. 627, 630 (C.D. Cal. 2016). A plaintiff must prosecute its case
with “reasonable diligence” to avoid dismissal pursuant to Rule 41(b). Anderson v. Air W., Inc.,
542 F.2d 522, 524 (9th Cir. 1976). Here, it appears that Plaintiff has failed to prosecute the case
with reasonable diligence because it has failed to file a proof of service of the FAC on Rail Dog for
over ten months.
Accordingly, the Court ORDERS Plaintiff, on or before September 4, 2024, to file a
proof of service of the FAC as to Defendant Rail Dog and to show cause in writing why this
action should not be dismissed for lack of prosecution. Failure to comply with this order may
result in dismissal of the action. Pursuant to Rule 78 of the Federal Rules of Civil Procedure, the
Court finds that this matter is appropriate for submission without oral argument.
IT IS SO ORDERED.

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CIVIL MINUTES—GENERAL

Initials of Deputy Clerk MG