Charles Michael Binks v. DSL.Net Inc et al

Filing 9

MINUTES OF IN CHAMBERS ORDER held before Judge Andrew J. Guilford. On 05/01/2009 attorney Harrison Long requested to substitue in for plaintiff. However, no proposed order was lodged with the Court and the document was not efiled 8 . The Court gra nts the application to substitute Harrison Long in as counsel or record. The Court ORDERS Plaintiff(s) to show cause in writing no later than 09/18/2009 why this action should not be dismissed for lack of prosecution. (See Order for further details) (db)

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

SACV 08-1236-AG(MLGx)

Date

September 2, 2009

CHARLES MICHAEL BINKS v DSL.NET, INC., ET AL

Present: The Honorable Lisa Bredahl Deputy Clerk

ANDREW J. GUILFORD, U.S. DISTRICT JUDGE None Present Court Reporter / Recorder Tape No. Attorneys Present for Defendants:

Attorneys Present for Plaintiffs:

Proceedings:

[IN CHAMBERS] ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION

On May 1, 2009, attorney Harrison Long requested to substitute in for plaintiff. However, no proposed order was lodged with the Court and the document was not efiled. The Court GRANTS the application to substitute Harrison Long in as counsel of record. The Court on its own motion, hereby ORDERS Plaintiff(s) to show cause in writing no later than September 18, 2009 why this action should not be dismissed for lack of prosecution. Alternatively, it will be a sufficient response to this OSC to file on or before the OSC date in this paragraph one of the following: · · · A proof of service of the summons and complaint on defendant(s); Papers seeking entry of default or a default judgment; Answers or other filings by the defendant(s).

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). And, if the action has not been diligently prosecuted, the Court may dismiss the action before the expiration of such time. Plaintiff(s) have the responsibility to respond promptly to orders and to prosecute the action diligently, including filing proofs of service and stipulations extending time. Stipulations affecting the progress of the case must be approved by the Court. Local Rule 7-1.

CIVIL MINUTES - GENERAL Page 1 of 2

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

SACV 08-1236-AG(MLGx)

Date

September 2, 2009

CHARLES MICHAEL BINKS v DSL.NET, INC., ET AL

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(s) is due.

: Initials of Preparer lmb

0

CIVIL MINUTES - GENERAL Page 2 of 2