Opinion
CV 21-7768 MWF (KESx)
12-14-2021
PROCEEDINGS: (IN CHAMBERS) ORDER TO SHOW CAUSE
HONORABLE: MICHAEL W FITZGERALD, UNITED STATES DISTRICT JUDGE
A review of the docket in this action reflects that the Complaint was filed on September 29, 2021. (Docket No. 1). Pursuant to Federal Rules of Civil Procedure, Rule 4(m), the time to serve the Complaint will expire on December 28, 2021.
The Court ORDERS Plaintiff to show cause why this action should not be dismissed for lack of prosecution. In response to this Order to Show Cause, the Court will accept the following no later than DECEMBER 28, 2021.
BY PLAINTIFF: PROOF OF SERVICE of Summons and Complaint on Defendant.
Any request by Plaintiff for an extension of time beyond the time limit set forth in Fed.R.Civ.P. Rule 4(m) will only be granted upon a showing of good cause. Failure to timely file a Proof of Service that complies with Fed.R.Civ.P. Rule 4(i), or request an extension of time to do so, will result in the dismissal of this action on December 29, 2021.
AND/OR
BY DEFENDANT: RESPONSE TO THE COMPLAINT. The parties may also file an appropriate stipulation to extend the time within which Defendant must respond to the Complaint.
OR
BY PLAINTIFF: APPLICATION FOR CLERK TO ENTER DEFAULT as to Defendant who has not timely responded to the Complaint.
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 Order will stand submitted upon the filing of the response to the Order to Show Cause. Failure to respond to the Order to Show Cause by DECEMBER 28, 2021 will result in the dismissal of this action.
IT IS SO ORDERED.