Opinion
Case No. CV 11-6211 PA (RZx)
12-08-2011
J.R. Simplot Company v. City Sea Foods, Inc., et al.
CIVIL MINUTES - GENERAL
Present: The
Honorable
PERCY ANDERSON, UNITED STATES DISTRICT JUDGE
Paul Songco
Deputy Clerk
Not Reported
Court Reporter
N/A
Tape No.
Attorneys Present for Plaintiffs:
None
Attorneys Present for Defendants:
None
Proceedings: Order to Show Cause Re: Dismissal For Lack Of Prosecution
Generally, defendants must answer the complaint within 21 days after service (60 days if the defendant is the United States). Fed. R. Civ. P. 12(a)(1).
In the present case, it appears that this time period has not been met. Accordingly, the court, on its own motion, orders plaintiff to show cause in writing on or before December 22, 2011, why this action should not be dismissed for lack of prosecution as to defendants City Sea Food, Inc. ("City Sea Food) and Joseph Heidelmaier individually and in his corporate capacity ("Heidelmaier"). 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 plaintiff's response. Failure to respond to this Order may result in the imposition of sanctions, including but not limited to dismissal of the complaint as to defendants City Sea Food and Heidelmaier.
IT IS SO ORDERED.