Paul Herrera v. Hitman Fight Gear, LLC et al

Filing 10

MINUTES OF IN CHAMBERS ORDER TO SHOW CAUSE by Judge Andrew J. Guilford. Written Response to Order to Show Cause due by 9/19/08 as to why this action should not be dismissed for lack of prosecution. (See minute order for details). (db)

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. Title S A C V 08-0709-AG(ANx) Date September 2, 2008 P A U L HERRERA v HITMAN FIGHT GEAR, LLC, ET AL Present: The Honorable Lisa Bredahl Deputy Clerk ANDREW J. GUILFORD, U.S. DISTRICT JUDGE None Present Court Reporter / Recorder n/a Tape No. Attorneys Present for Plaintiffs: Not Present Proceedings: Attorneys Present for Defendants: Not Present [IN CHAMBERS] ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION T h e Court, on its own motion, hereby ORDERS plaintiff(s), to show cause in writing no later th a n September 19, 2008 why this action should not be dismissed for lack of prosecution. As an a lte rn a tiv e to a written response by plaintiff(s), the Court will consider the filing of one of the f o llo w in g , as an appropriate response to this OSC, on or before the above date: Proof of service of summons and complaint OR XX A n sw e r by the defendant(s) or plaintiff's request for entry of default. Plaintiff's filing of a request for the clerk to enter default judgment OR the filing of a motion f o r entry of default judgment. A b s e n t a showing of good cause, an action shall be dismissed if the summons and complaint have n o t been served upon all defendants within 120 days after the filing of the complaint. Fed. R. Civ. P . 4(m) The Court may dismiss the action prior to the expiration of such time, however, if p la in tif f (s ) has/have not diligently prosecuted the action. It is the plaintiff's responsibility to respond promptly to all orders and to prosecute the action d ilig e n tly, including filing proofs of service and stipulations extending time under Rule 55 remedies p ro m p tly upon default of any defendant. All stipulations affecting the progress of the case must be ap p rov ed by the Court. Local Rule 7-1 N O oral argument of this matter will be heard unless ordered by the Court. The Order will stand s u b m i t t e d upon the filing of a responsive pleading or motion on or before the date upon which a re sp o n s e by plaintiff(s) is due. : Initials of Preparer lmb 0 CV-90 (06/04) CIVIL MINUTES - GENERAL Page 1 of 1

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