Opinion
5:24-cv-00940-RGK-SHK
06-26-2024
Darwin Boggs v. David Tafoya, et al.
Present: The Honorable R. Gary Klausner, United States District Judge
CIVIL MINUTES - GENERAL
Proceedings: (IN CHAMBERS) Order to Show Cause re Dismissal for Lack of Prosecution
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).
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 by July 1, 2024, why this action should not be dismissed for lack of prosecution as to certain defendant/s.
Alternatively, the Court will consider the following a satisfactory response to the Order to Show Cause:
Alternative Response
Response Due Date
As to Defendant/s:
Proof of timely service of summons and operative complaint
X
Response to the operative Complaint
6/28/2024
David Tafoya, doing business as Davids Beauty and Barber
X
If defendant fails to respond on the date above, Plaintiff's application for entry of default by clerk pursuant to Rule 55a of the Federal Rules of Civil Procedure
7/1/2024
David Tafoya, doing business as Davids Beauty and Barber
Plaintiff's motion for default judgment pursuant to Rule 55b of the Federal Rules of Civil Procedure
A hearing is set for July 8, 2024, at 9:00 am to determine Plaintiff's lack of prosecution and possible imposition of sanctions.
A stipulation to extend dates or a notice of settlement do not constitute a proper response to this order.
Plaintiff to serve this order on any non-appearing defendant/s who have been formally served and file a proof of service thereon.