Stacker et al v. California Department of Corrections and Rehabilitation et al

Filing 31

ORDER to SHOW CAUSE signed by District Judge George H. Wu on 11/17/2017 ORDERING Plaintiff to SHOW CAUSE no later than 12/1/2017 why this action should not be dismissed as to Defendants J. Johnson and J. Lopez for lack of prosecution. (Zignago, K.)

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

2:16-cv-02913-GHW

Title

Valerie J. Stacker, et al. v. California Department of Corrections and Rehabilitation, et
al.

Present: The Honorable

Date

November 17, 2017

GEORGE H. WU, UNITED STATES DISTRICT JUDGE

Javier Gonzalez

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 WHY THIS CASE SHOULD
NOT BE DISMISSED FOR LACK OF PROSECUTION

This Order is issued pursuant to FRCP 4(m), which requires that plaintiff(s) serve the summons and complaint
upon all defendants within 90 days after filing the complaint. The Court may dismiss the action prior to the 90 days,
however, if plaintiff(s) has/have not diligently prosecuted the action.
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.
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 December
1, 2017 why this action should not be dismissed as to Defendants J. Johnson and J. Lopez for lack of prosecution.
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 prosecuted diligently.
•
•
•
•

Proof of service of summons and complaint (applicable for defendant(s) who have not been served);
In cases removed from State Court, responsive pleadings filed by all defendants
Request for entry of default by plaintiff(s) (applicable where defendants have been served but not
answered);
Motion for default judgment.

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
CV-90 (06/04)

CIVIL MINUTES - GENERAL

JG
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