Opinion
For Board of Trustees of the Cement Masons Southern California Health and Welfare Fund, Board of Trustees of the Cement Masons Southern California Pension Trust, Board of Trustees of the Cement Masons Southern California Individual Retirement Account (Defined Contribution) Trust, Board of Trustees of the Eleven Counties Cement Masons Vacation Savings Plan, Plaintiffs: Michael Rasalan Odoca, Nicholas Isaac Starkman, Kathryn Jane Halford, Wohlmer Kaplon Phillips Young and Cutler, Encino, CA.
For Board of Trustees of the Cement Masons Joint Apprenticeship Trust, Plaintiff: Kathryn Jane Halford, LEAD ATTORNEY, Michael Rasalan Odoca, Nicholas Isaac Starkman, Wohlner Kaplon Phillips Young and Cutler PC, Encino, CA.
For Barcelo Construction Inc, a California corporation, formerly known as, Conrod Construction, Defendant: James J Moak, LEAD ATTORNEY, Charles Kelechi Chineduh, Meserve Mumper and Hughes LLP, 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 July 31, 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
o Proof(s) of service of summons and complaint on the following defendants:
CONROD CONCRETE, INC. & RICHARD RODRIGUEZ
o An answer by the following defendants:
CONROD CONCRETE, INC. & RICHARD RODRIGUEZ
on or before the date indicated above, the court will consider this a satisfactory response to the