Houdini, Inc v. The Gifting Group, LLC
MINUTE IN CHAMBERS by Judge David O. Carter: ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR LACK OF PROSECUTION by Judge David O. Carter. 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. See document for further information. (dv)
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. SA CV 17-0313-DOC (JCx)
Date: May 25, 2017
Title: HOUDINI, INC. V THE GIFTING GROUP, INC.
PRESENT: The Honorable DAVID O. CARTER, U.S. District Judge
ATTORNEYS PRESENT FOR PLAINTIFF:
ATTORNEYS PRESENT FOR DEFENDANT:
PROCEEDINGS (IN CHAMBERS): ORDER TO SHOW CAUSE WHY THIS CASE
SHOULD NOT BE DISMISSED FOR LACK OF
The file in this case lacks the papers that would show it is being timely prosecuted, as
reflected below. Accordingly, the Court, on its own motion, hereby orders plaintiff (s) to show
cause in writing no later than May 30, 2017 why this action should not be dismissed as to all
remaining defendants for lack of prosecution.
It is the responsibility of plaintiff 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, plaintiff(s) must also pursue 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.
As an alternative to a written response by plaintiff(s), the Court will accept one of the
following, if it is filed on or before the above date, as evidence that the matter is being
Proof of Service of Summons and First Amended Complaint; or
Notice of Voluntary Dismissal (F.R.Civ.P. 41)
Absent showing of good cause, an action shall be dismissed if the summons and
complaint have not been served upon all defendants within 90 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 plaintiffs have not diligently prosecuted this action.
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.
MINUTES FORM 11
Initials of Deputy Clerk: djg
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