Opinion
SA CV 23-2478 FMO (ADSx)
03-26-2024
Artem Latushkin v. David Radel
Vanessa Figueroa
Vanessa Figueroa
PRESENT: THE HONORABLE FERNANDO M. OLGUIN, UNITED STATES DISTRICT JUDGE
CIVIL MINUTES - GENERAL
Proceedings: (In Chambers) Order to Show Cause Re: Dismissal Re: Lack of Prosecution
Having reviewed plaintiff's Response to Order to Show Case (Dkt. 9), IT IS ORDERED THAT:
1. The Proof of Service filed on March 21, 2024, (Dkt. 10), is hereby stricken as it does not include the address where defendant was served. See Cal. Code Civ. P. § 417.10(a).
2. Plaintiff shall serve defendant no later than April 24, 2024, and shall file a proof of service no later than April 26, 2024.
3. Plaintiff is admonished that failure to file a proof of service by the April 26, 2024, deadline will result in the action being dismissed without prejudice for failure to effect service, for lack of prosecution and/or failure to comply with the orders of the court. See Fed.R.Civ.P. 4 & 41(b); Link v. Wabash R.R. Co., 370 U.S. 626, 629-30, 82 S.Ct. 1386, 1388 (1962).
4. The Order to Show Cause Re: Dismissal Re: Lack of Prosecution, is hereby continued pending compliance with paragraph two above.