Opinion
For Chris Langer, Plaintiff: Dennis Jay Price, II, Phyl Grace, Raymond George Ballister, Jr, Mark D Potter, Center for Disability Access, San Diego, CA.
For 14940 Magnolia St Co., a Partnership, Defendant: Leslie A Bower, Bower and Associates, Newport Beach, CA.
Proceedings: [In Chambers] Order to Show Cause re Dismissal for Lack of Prosecution
R. GARY KLAUSNER, UNITED STATES DISTRICT JUDGE.
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 120 days after the complaint is filed. Fed.R.Civ.Proc. 4(m). Generally, defendants must answer the complaint within 21 days after service (60 days if the defendant is the United States). Fed.R.Civ.Proc. 12(a)(1).
In the present case, it appears that one or more of these time periods has not been met. Accordingly, the court, on its own motion, orders plaintiff(s) to show cause in writing on or before October 15, 2015 why this action should not be dismissed 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.
If plaintiff/defendant files
☐ Proof of timely service of summons and complaint on the following defendant(s):
☐ A timely answer by the following defendant(s):
● Plaintiff's application for entry of default pursuant to Rule 55(a) of the Federal Rules of Civil Procedure as to defendant(s): 14940 Magnolia St Co (answer was due 10/02/15)
☐ Plaintiff's motion for default judgment pursuant to Rule 55(b) of the Federal Rules of Civil Procedure as to defendant(s):
on or before the date indicated above, the court will consider this a satisfactory response to the Order To Show Cause.