Francisco Monarez et al v. Eduardo Villela et al

Filing 23

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 9/30/2024. (twdb)

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

EDCV 24-1279 JGB (DTBx)

Date September 23, 2024

Title Francisco Monarez, et al. v. Eduardo Villela, et al.

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)

On June 18, 2024, Plaintiffs Francisco Monarez, Banda Vallarta Show, and Pablo Mejia
Perez (collectively, “Plaintiffs”) filed a complaint against Defendants Eduardo Villela, Juan
Preciado, and Silverio Martines (collectively, “Defendants”). (“Complaint,” Dkt. No. 1.) The
Complaint alleges eight causes of action: (1) federal service mark infringement; (2) federal unfair
competition; (3) federal false designation of origin; (4) federal copyright infringement; (5) state
trade name infringement; (6) state service mark dilution; (7) state unfair competition; and (8)
common law service mark infringement. (See id.)
On July 21, 2024, Defendant Juan Preciado was served with the summons and Complaint.
(“Preciado Proof of Service,” Dkt. No. 19.) However, to date, no proof of service has been filed
as to Defendants Eduardo Villela and Silverio Martines.
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 has been filed for Defendants Villela or Martines. Accordingly, the Court, on its own
motion, orders Plaintiffs to show cause in writing on or before September 30, 2024, why this
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action should not be dismissed for lack of prosecution as to Defendants Villela and Martines.
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 proofs of service on or before the date upon which a response by
Plaintiffs is due. Failure to adequately respond to this order or file proofs of service may result in
the dismissal of this case.
IT IS SO ORDERED.

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