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Rios v. Bank of New York Mellon

United States District Court, Central District of California

November 18, 2014

Sergio Rios
v.
The Bank of New York Mellon, et al.

ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION

DOLLY M. GEE, UNITED STATES DISTRICT JUDGE

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. Generally, defendant must answer the complaint within 21 days after service (60 days if the defendant is the United States.)

In the present case, it appears that these time periods have not been met. Accordingly, the court, on its own motion, orders plaintiff(s) to show cause in writing on or before December 2, 2014 why this action should not be dismissed for lack of prosecution.

No oral argument of this matter will be heard unless ordered by the Court. The Order will stand submitted upon the filing of a written response on or before the date upon which a response by plaintiff(s) is due. This action will be dismissed if a written response demonstrating good cause is not filed by the date indicated above.


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