Opinion
EDCV 23-1023 JGB (KKx)
01-25-2024
Nelson Chilin v. W.F. Saleeb, et al
Present: The Honorable JESUS G. BERNAL, UNITED STATES DISTRICT JUDGE.
CIVIL MINUTES-GENERAL
Proceedings: Order to Show Cause Regarding Default Judgment (IN CHAMBERS)
On June 2, 2023, plaintiff Nelson Chilin (“Plaintiff”) filed the complaint against defendant W.F. Saleeb (“W.F.”) and Nardine Saleeb (“Nardine”). (Dkt. No. 1.) On October 25, 2023, Plaintiff filed proof of service as to Nardine-an answer was due by August 8, 2023. (Dkt. No. 14.) On October 31, 2023, the clerk entered default as to Nardine. (Dkt. No. 16.) As of this writing, Plaintiffs has not filed a motion for default judgment as to Nardine and Plaintiff has not filed a proof of service as to W.F. 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).
Accordingly, the Court ORDERS Plaintiff to file a motion for default judgment as to Nardine and a proper proof of service as to W.F. no later than February 5, 2024 or show cause in writing why this matter should not be dismissed. Failure to timely comply with this order may result in dismissal of this action.
IT IS SO ORDERED.