UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
October 19, 2011
BONIFACIO LOPEZ GARCIA
M.B.T. INVESTMENTS, INC. ET AL.
The opinion of the court was delivered by: The Honorable John A. Kronstadt, United States District Judge
CIVIL MINUTES - GENERAL
Andrea Keifer Not Reported Deputy Clerk Court Reporter / Recorder
Attorneys Present for Plaintiffs: Attorneys Present for Defendants:
Not Present Not Present
Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL RE LACK OF PROSECUTION
The Court, on its own motion, orders Plaintiff to show cause in writing no later than November 2, 2011, why this action should not be dismissed for lack of prosecution. In the absence of showing good cause, an action shall be dismissed if the summons and complaint have not been served within 120 days after the filing of the complaint pursuant to Fed. R. Civ. P. 4(m). An action may be dismissed prior to such time if the Plaintiff fails diligently to prosecute the action. The Proof of Service was filed on February 2, 2011 (Dkt. 6); however the date of service indicates December 22, 2010, which is prior to the filing of the Complaint that was lodged on January 18, 2011 and filed on February 2, 2011. Furthermore, it does not indicate what documents were served and fails to list the names and addresses of the person(s) served.
The Order to Show Cause will stand submitted upon the filing of an appropriate response. No oral argument will be heard unless otherwise ordered by the Court. Plaintiff is advised that the Court will consider the filing of a responsive pleading to the complaint and/or proof(s) of service, which indicates proper service in full compliance with the federal rules, on or before the date upon which the response is due, as a satisfactory response to the Order to Show Cause.
IT IS SO ORDERED.
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