Opinion
EDCV 24-0078 JGB (DTBx)
05-09-2024
Potrillo Bros. v. Miranda Produce Inc., et al.
Present: The Honorable JESUS G. BERNAL, UNITED STATES DISTRICT JUDGE
CIVIL MINUTES-GENERAL
Proceedings: Order to Show Cause re Dismissal for Lack of Prosecution (INCHAMBERS)
On January 15, 2024, Plaintiff Potrillo Bros. (“Plaintiff”) filed a complaint against Defendants Alejandra Mendez, Miranda Produce Inc., and Ernesto Miranda (collectively, “Defendants”). (“Complaint,” Dkt. No. 1.)
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 90 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).
Here, it appears that one or more of these time periods has not been met as no proof of service has been filed. Accordingly, the Court, on its own motion, orders Plaintiff to show cause in writing on or before May 17, 2024, 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 proofs of service on or before the date upon which a response by Plaintiff is due. Failure to adequately respond to this order may result in the dismissal of this case.
IT IS SO ORDERED.