Construction Laborers Trust Funds for Southern California Administrative Company v. Nicanor Dorado et al

Filing 26

MINUTES (In Chambers) Order to Show Cause Why Action Should Not Be Dismissed for Failure to Prosecute by Judge Kenly Kiya Kato. Accordingly, the Court, on its own motion, orders Plaintiff to show cause in writing on or before February 12, 2024 why this action should not be dismissed for lack of prosecution. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm)

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

EDCV 23-01679-KK-SPx

Date: February 6, 2024

Construction Laborers Trust Funds for Southern California Administrative
Company v. Nicanor Dorado

Present: The Honorable KENLY KIYA KATO, UNITED STATES DISTRICT JUDGE
Noe Ponce

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 Why Action Should Not Be Dismissed
for Failure to Prosecute

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.
See FED. R. CIV. P. 4(m). Generally, a defendant must answer the complaint within 21 days after
service, or 60 days if the defendant is the United States. See FED. R. CIV. P. 12(a).
In the present case, it appears that one or more of these time periods has not been met as to
Defendant Dorado. Specifically:
☐

Proof of service of the summons and complaint

☐

Answer by the defendant or an application for entry of default pursuant to Federal Rule of
Civil Procedure 55(a)

☒

Motion for default judgment set for hearing in accordance with the Local Rules and the
Court’s Standing Order

Accordingly, the Court, on its own motion, orders Plaintiff to show cause in writing on or
before February 12, 2024 why this action should not be dismissed for lack of prosecution.

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CIVIL MINUTES—GENERAL

Initials of Deputy Clerk NP

It is Plaintiff’s responsibility to respond promptly to all Orders and to prosecute the action
diligently, including filing proofs of service and stipulations extending time to respond. If necessary,
Plaintiff must also pursue Rule 55 remedies promptly upon the default of Defendant. All
stipulations affecting the progress of the case must be approved by this Court. See L.R. 7-1.
No oral argument of this matter will be heard unless ordered by the Court. The Order will
stand submitted upon the filing of a responsive pleading or motion on or before the date upon
which a response by Plaintiff is due.
Plaintiff is expressly warned that failure to timely file a response to this Order will
result in this action being dismissed without prejudice as to Defendant for failure to
prosecute and comply with court orders. See FED. R. CIV. P. 41(b).
IT IS SO ORDERED.

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CIVIL MINUTES—GENERAL

Initials of Deputy Clerk NP