Madden v. Aubrey

Full title: TIMOTHY F. MADDEN, et al. v. JERRY L. AUBREY, et al.

Court: United States District Court, Ninth Circuit, California, C.D. California

Date published: Jan 21, 2011

CV 10-6128 (C.D. Cal. Jan. 21, 2011)

Opinion

TIMOTHY F. MADDEN, et al. v. JERRY L. AUBREY, et al. No. CV 10-6128 United States District Court, C.D. California. January 21, 2011

          Proceedings: Order to Show Cause Re: Dismissal For Lack Of Prosecution

          PERCY ANDERSON, 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. Accordingly, the court, on its own motion, orders plaintiff to show cause in writing on or before February 4, 2011, 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. Failure to respond to this Order may result in the imposition of sanctions, including but not limited to dismissal of the complaint.

         IT IS SO ORDERED.