Opinion
2:24-cv-03193-SB-AGR
07-24-2024
SBCW CONSULTING INC., Plaintiff, v. TSYS MERCHANT SOLUTIONS LLC et al., Defendants.
ORDER TO SHOW CAUSE RE LACK OF PROSECUTION
Stanley Blumenfeld, Jr. United States District Judge
Generally, a plaintiff must serve process on defendants within 90 days of the filing of the complaint. See Fed.R.Civ.P. 4(m). The complaint in this matter was filed on April 18, 2024. Dkt. No. 1. More than 90 days have passed since the complaint in this case was filed, and Plaintiff has not filed a proof of service. Plaintiff is ordered to show cause, in writing, no later than July 31, 2024, why this action should not be dismissed for lack of prosecution. No oral argument on this matter will be heard unless otherwise ordered by the Court. See Fed.R.Civ.P. 78; Local Rule 7-15.
The Court will consider as an appropriate response to this order to show cause (OSC) the filing of proof of service showing that Defendants were served within the 90-day period or a showing of good cause supporting a request to extend the service period. The filing of a proof of service shall result in the automatic discharge of this OSC without further order. Failure to timely respond to the OSC will be construed as consent to dismissal without prejudice of Plaintiff's claims.