Opinion
CV 21-08936-SPG(AGRx)
11-22-2022
Laeticia Burns v. Starburn Industries et al
CIVIL MINUTES - GENERAL
SHERILYN PEACE GARNETT, UNITED STATES DISTRICT JUDGE
Proceeding: (IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION
Plaintiff is ORDERED to show cause why this case should not be dismissed for lack of prosecution. Link v. Wabash R. Co., 370 U.S. 626 (1962) (Court has inherent power to dismiss for lack of prosecution on its own motion).
The below time periods have not been met. Accordingly, the Court, on its own motion, orders Plaintiff to show cause, in writing, on or before December 9, 2022, why this action should not be dismissed for lack of prosecution. This matter will stand submitted upon the filing of Plaintiff's response. See Fed.R.Civ.P. 78. Failure to respond will be deemed consent to the dismissal of the action.
Absent a showing of good cause, an action must be dismissed without prejudice if the summons and complaint are not served on a Defendant within 90 days after the complaint is filed. Plaintiff has failed to file a proof of service within 90 days of the filing of the Complaint on the following Defendant:
Joseph Russo
Plaintiff can satisfy this order by showing that service was effectuated within the 90-day deadline or by showing good cause for the failure to do so. Fed.R.Civ.P. 4(m).
Defendants Starburn Industries, and Dino Stamatopoulos have not answered the complaint, yet Plaintiff has failed to request entry of default, pursuant to Fed.R.Civ.P. 55(a). Plaintiff can satisfy this order by seeking entry of default or by dismissing the complaint.
IT IS SO ORDERED.