Opinion
For Sergio Pina, Plaintiff: Dale K Galipo, LEAD ATTORNEY, Dale K Galipo Law Offices, Woodland Hills, CA; Melanie T Partow, Dale Galipo Law Offices, Woodland Hills, CA.
For The City of Los Angeles, Erik Mejia, Erroneously Sued As, Erik Majia, Colleen R Smith, Jason Schwab, an individual, Carlos Lozano, an individual, Cliff Chu, an individual, Jason Malik, an individual, Jeffrey Bruner, an individual, Defendants: Colleen R Smith, LEAD ATTORNEY, Office of the City Attorney, City Hall East, Los Angeles, CA; Michael Nelson Feuer, LEAD ATTORNEY, Los Angeles City Attorney's Office, Los Angeles, CA; Cory M Brente, Office of the Los Angeles City Attorney, City Hall East, Los Angeles, CA.
For Robert Heiserman, an individual, Consol Defendant: Colleen R Smith, LEAD ATTORNEY, Office of the City Attorney, City Hall East, Los Angeles, CA; Cory M Brente, Office of the Los Angeles City Attorney, City Hall East, Los Angeles, CA.
For Victor Pappas, an individual, Consol Defendant: Colleen R Smith, LEAD ATTORNEY, Office of the City Attorney, City Hall East, Los Angeles, CA.
PROCEEDINGS: (IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL RE: LACK OF PROSECUTION
Fernando M. Olguin, 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.P. 4(m). Generally, a defendant must answer the complaint within 21 days after service (60 days if the defendant is the United States). Fed.R.Civ.P. 12(a). The court may dismiss the action prior to the 120 days, however, if plaintiff(s) has/have not diligently prosecuted the action.
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 September 18, 2015, why this action should not be dismissed for lack of prosecution. Pursuant to Fed.R.Civ.P. 78(b), 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(s) of service of summons and complaint on the following defendant(s):
BRIAN PRESTON and EARL WILLIAMS
▪ An answer by the following defendant(s): BRIAN PRESTON and EARL WILLIAMS
▪ Plaintiff's application for entry of default pursuant to Fed.R.Civ.P. 55(a):
BRIAN PRESTON and EARL WILLIAMS
on or before the date indicated above, the court will consider this a satisfactory response to the Order to Show Cause.