Opinion
CV 22-6373 PA (KSx)
11-01-2022
GS Holistic, LLC v. Xotic AV Smoke Shop LLC, et al.
Proceedings: Order to Show Cause Re: Dismissal For Lack Of Prosecution
PRESENT THE HONORABLE PERCY ANDERSON, UNITED STATES DISTRICT JUDGE
CIVIL MINUTES - GENERAL
HONORABLE PERCY ANDERSON, UNITED STATES DISTRICT JUDGE
Generally, defendants must answer the complaint within 21 days after service (60 days if the defendant is the United States). Fed.R.Civ.P. 12(a)(1).
In the present case, it appears that this time period has not been met as to defendant Xotic AV Smoke Shop LLC (“Xotic”). Accordingly, the court, on its own motion, orders plaintiff to show cause in writing on or before November 7, 2022, why Xotic should not be dismissed from this action for lack of prosecution. Pursuant to Rule 78 of the Federal Rules of Civil Procedure, the court finds that this matter is appropriate for submission without oral argument. The Order to Show Cause will stand submitted upon the filing of plaintiff's response. Failure to respond to this Order may result in the imposition of sanctions, including but not limited to dismissal of Xotic.
IT IS SO ORDERED.