Ameris Bank v. Hoodfellas Kitchen LLC et al

Filing 10

MINUTE ORDER (IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION by Judge David O. Carter. SEE DOCUMENT FOR FURTHER INFORMATION. Response to Order to Show Cause due by 4/1/2024. (twdb)

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

8:23-cv-02304-DOC-KES

Title

Ameris Bank v. Hoodfellas Kitchen LLC et al

Present: The Honorable

Date

March 28, 2024

DAVID O. CARTER, U.S. DISTRICT JUDGE

Karlen Dubon

None Present

__________

Deputy Clerk

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 why this
action should not be dismissed for lack of prosecution. As an alternative to a written response, the
Court will consider the filing of one of the following, as an appropriate response to this OSC, on or
before April 1, 2024:
X
X

Proof of service of summons and complaint (however, if the deadline to Answer has already
passed, plaintiff(s) must also submit a Request for Default or Stipulation Extending Time to
Answer)
Notice of Voluntary Dismissal (FRCivP 41)

Absent a 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 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 8.3.
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 Deputy Clerk

CV-90 (06/04)

CIVIL MINUTES - GENERAL

:

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kdu

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