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Title: Nicholas Weimer v. Wells Fargo et al
May 9, 2013
TITLE: NICHOLAS WEIMER
v.
WELLS FARGO ET AL
The opinion of the court was delivered by: Honorable Margaret M. Morrow , U. S. District Judge
Present: The Honorable Margaret M. Morrow , U. S. District Judge
Deputy Clerk: Anel Huerta Court Reporter: N/A
Attorneys Present for Plaintiffs: Attorneys Present for Defendants: None Appearing None Appearing
Proceedings: (In Chambers) Order to Show Cause re Dismissal re Lack of Prosecution
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 120 days after the complaint is filed. Fed.R.Civ.Proc. 4(m). Generally, defendants must answer the complaint within 20 days after service (60 days if the defendant is the United States). Fed.R.Civ.Proc. 12(a)(1).
In the present case, it appears that one or more of these time periods has not been met. Accordingly, the court, on its own motion, orders plaintiff(s) to show cause in in writing on or before May 16, 2013 why this action should not be dismissed for lack of prosecution. 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.
If plaintiff/defendant files:
Proof(s) of service of summons and complaint on the following defendant(s):
Susan Lung; Gerald Lung AND An answer by the following defendant(s):
Susan Lung; Gerlad Lung OR
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
Case Number: 2:12-cv-09296-MMM-JCG DATE: May 9, 2013 Title: NICHOLAS WEIMER ...