United States District Court, C.D. California
January 6, 2015
International Resolution Company Limited Unit Trust No. 1
Law Offices of Gary Blum, PC, et al
For International Resolution Company Limited Unit Trust No 1, Plaintiff: David S Blau, LEAD ATTORNEY, Blau and Associates PC, Los Angeles, CA; Anthony R Paesano, PRO HAC VICE, Paesano Akkashian PC, Bloomfield Hills, MI.
For Law Offices of Gary Blum PC, a California professional corporation, Gary L Blum, Defendants: David I Lefkowitz, LEAD ATTORNEY, Wilshire Palisades Law Group, Santa Monica, CA.
Dale St Jean, Defendant, Pro se, Red Deer Alberta.
D. Geno Brunton, Defendant, Pro se, Newport Beach, CA.
CIVIL MINUTES - GENERAL
The Honorable Fernando M. Olguin, United States District Judge.
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.P. 4(m). Generally, a defendant must answer the complaint within 21 days after service (60 days if the defendant is the United States). Fed.R.Civ.P. 12(a). The court may dismiss the action prior to the 120 days, however, if plaintiff(s) has/have not diligently prosecuted the action.
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 January 12, 2015, why this action should not be dismissed for lack of prosecution. Pursuant to Fed.R.Civ.P. 78(b), 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:
X Proof(s) of service of summons and Third Amended Complaint on the following defendant(s): Brunton Vineyards Holdings, Inc.
X An answer by the following defendant(s): Brunton Vineyards Holdings, Inc
on or before the date indicated above, the court will consider this a satisfactory response to the Order to Show Cause.