Wells Fargo Bank N A v. Kirk Heintz et al

Filing 93

(In Chambers) ORDER TO SHOW CAUSE by Judge James V. Selna, RE DISMISSAL FOR LACK OF PROSECUTION: The Court, on its own motion, hereby ORDERS Cross Complainant, Golden West Capital, to show cause in writing no later than July 28, 2012, why this action should not be dismissed for lack of prosecution. As an alternative to a written response by Cross Complainant, the Court will consider the filing of one of the following, as an appropriate response to this Order to Show Cause, on or before the above date: X Answer by the cross-defendant(s) or cross complainant's request for entry of default. (See document for further details.)(rla)

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

Date

SACV 10-01633 - JVS (RZx)

July 18, 2012

Consolidated with SACV 11-200-JVS(RZx)
Title

Wells Fargo Bank, N.A., etc. v. Kirk Heintz, et al.

Present: The
Honorable

James V. Selna
Karla J. Tunis

Not Present

Deputy Clerk

Court Reporter

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

(In Chambers)

ORDER TO SHOW CAUSE RE DISMISSAL
FOR LACK OF PROSECUTION

The Court, on its own motion, hereby ORDERS Cross Complainant, Golden West Capital, to show
cause in writing no later than July 28, 2012, why this action should not be dismissed for lack of prosecution.
As an alternative to a written response by Cross Complainant, the Court will consider the filing of one of
the following, as an appropriate response to this Order to Show Cause, on or before the above date:
X

Answer by the cross-defendant(s) or cross complainant’s request for entry of default.

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
The Court hereby VACATES the Scheduling Conference set for July 23, 2012 pending the outcome
of the Order to Show Cause.
:
Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

00

kjt

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