Opinion
8:22-cv-01549-CJC-KES
11-22-2022
National Western Life Insurance Company v. Anthony Wally Berseth et al
Present: The Honorable CORMAC J. CARNEY, UNITED STATES DISTRICT JUDGE
CIVIL MINUTES - GENERAL
Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION AS TO DEFENDANT ANTHONY WALLY BERSETH
It is a plaintiff's responsibility to prosecute its case diligently. That includes timely serving the complaint and filing a proof of service. Absent a showing of good cause, “[i]f a defendant is not served within 90 days after the complaint is filed, the court. . . must dismiss the action.” Fed.R.Civ.P. 4(m). Here, 90 days have passed since Plaintiff filed the Complaint, yet no proof of service has been filed as to Defendant Anthony Wally Berseth. Accordingly, the Court, on its own motion, hereby ORDERS Plaintiff to show cause in writing no later than November 29, 2022 why this defendant should not be dismissed for lack of prosecution. As an alternative to a written response by Plaintiff, the Court will consider as an appropriate response to this CSC the filing of one of the following on or before the above Dated:
1. A Notice of Voluntary Dismissal (Fed. R. Civ. P. 41), or
2. A Proof of Service indicating service of the Summons and Complaint was effected on or before November 17, 2022. However, if the deadline to answer has passed by the time Plaintiff files the proof of service, the response to this Order will be deemed sufficient only if one of the following is also filed:
a. Plaintiff's Request for Entry of Default as to Defendants or Defendants' Answers, or
b. A stipulation extending Defendants' time to respond to the Complaint that complies with Local Rule 8.3
No oral argument of this matter will be heard unless ordered by the Court. The Order will stand submitted upon the filing of a timely and appropriate response. Failure to respond to this Order may result in dismissal.