Everest Indemnity Insurance Company v. George V DeMarco et al

Filing 11

(IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION by Judge Cormac J. Carney. Court ORDERS plaintiff, to show cause in writing no later than May 17, 2013, why this action should not be dismissed for lack of prosecution. As an alt ernative to a written response by plaintiffs, the Court will consider the filing of one of the following, as an appropriate response to this OSC, on or before the above date: Plaintiff filing a Motion for Entry of Default Judgment (FRCivP 55b). (See document for further details.) (rla)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Date

Case No.

SACV 13-00102-CJC(RNBx)

Title

Everest Indemnity Insurance Company v. George V. DeMarco, et al

Present: The
Honorable

May 7, 2013

CORMAC J. CARNEY, UNITED STATES DISTRICT JUDGE

Michelle Urie
Deputy Clerk

None Present
Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

None Present

None Present

Proceedings:

(IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR
LACK OF PROSECUTION

The Court, on its own motion, hereby ORDERS plaintiff, to show cause in writing no later than May 17,
2013, why this action should not be dismissed for lack of prosecution. As an alternative to a written
response by plaintiffs, 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 filing a Motion for Entry of Default Judgment (FRCivP 55b)

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 entire action prior to the expiration of such time, however, if plaintiff has not
diligently prosecuted the action.
It is plaintiff's responsibility to respond promptly to all Orders and to prosecute the action diligently,
including filing proofs of service and stipulations extending time to respond. If necessary, plaintiffs
must also pursue Rule 55 remedies promptly upon the default of any defendant. All stipulations
affecting the progress of the case must be approved by the Court. Local Rule 7-1.
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 plaintiffs is due.
:
Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

0

mu

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