Perciballi et al v. Ng et al

Filing 94

ORDER TO SHOW CAUSE re Dismissal for Lack of Prosecution by Judge James V. Selna. The Court ORDERS plaintiff(s), to show cause in writing no later than April 22, 2010 why this action should not be dismissed for lack of prosecution as to the defendants. (See Order for details) (db)

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. Title SACV 08-1168 JVS (ANx) Deborah Perciballi et al. v. Henry Ng, et al. Date April 2, 2010 Present: The Honorable James V. Selna Karla J. Tunis Deputy Clerk Not Present Court Reporter Attorneys Present for Defendants: Not Present Attorneys Present for Plaintiffs: Not Present Proceedings: (In Chambers) ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION The Court ORDERS plaintiff(s), to show cause in writing no later than April 22, 2010 why this action should not be dismissed for lack of prosecution as to the defendants. As an alternative to a written response by plaintiff(s), the Court will consider the filing of one of the following, as an appropriate response to this OSC, on or before the above date: X Plaintiff's filing of a motion/application for entry of default judgment as to defendants Henry Ng, Samir Chachoua, Gilbert Burciaga, Juenesse Institute, Thomas and Nathan Kabisch. Absent a showing of good cause, an action shall be dismissed if the summons and complaint have not 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 plaintiff(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 diligently, including filing proofs of service and stipulations extending time under Rule 55 remedies promptly upon default of any defendant. All stipulations affecting the progress of the case must be approved by the Court. Local Rule 7-1 Initials of Preparer kjt CV-90 (06/04) CIVIL MINUTES - GENERAL Page 1 of 1

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