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Overholser v. Ara, Inc.

United States District Court, C.D. California

November 20, 2014

Donald Overholser
v.
Ara, Inc

Attorneys for Plaintiffs: Not Present.

Attorneys for Defendants: Not Present.

OPINION

Honorable R. GARY KLAUSNER, UNITED STATES DISTRICT JUDGE.

Proceedings: [In Chambers] Order to Show Cause re Dismissal for 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 21 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 writing on or before November 28, 2014 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 of timely service of summons and complaint on the following defendant(s): ARA, INC.
[ ] A timely answer by the following defendant(s):
[ ] Plaintiff's application for entry of default pursuant to Rule 55(a) of the Federal Rules of Civil Procedure as to defendant(s):
[ ] Plaintiff's motion for default judgment pursuant to Rule 55(b) of the Federal Rules of Civil Procedure

on or before the date indicated above, the court will consider this a satisfactory response to the Order To Show Cause.


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