Opinion

Camille Obering Fine Art LLC v. Millie Brown

Court
District Court, C.D. California
Filed
Aug 29, 2024
Cited by
0 cases
Authority
More cited than 31.2%

The opinion

CIVIL MINUTES - GENERAL

Case No. CV 24-4899 FMO (PVCx) Date August 29, 2024

Title Camille Obering Fine Art LLC v. Millie Brown

Present: The Honorable Fernando M. Olguin, United States District Judge

Vanessa Figueroa None Present

Deputy Clerk Court Reporter / Recorder

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

None Present None Present

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 90 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 90 days, however, if plaintiff(s) has/have not diligently prosecuted

the action. With respect to service of individuals and/or business entities in a foreign country,

plaintiff shall exercise all reasonable diligence and attempt service within the 90-day time period.

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

September 5, 2024, 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:

# Proof(s) of service of summons and complaint on the following defendant(s):

ALL DEFENDANTS

# An answer by the following defendant(s): ALL DEFENDANTS

9 Plaintiff’s application for entry of default pursuant to Fed. R. Civ. P. 55(a):

on or before the date indicated above. Failure to file a timely response to this Order to Show

Cause shall result in the action or the above defendant(s) being dismissed for lack of prosecution

and for failure to comply with the orders of the court. See Local Rule 41; Fed. R. Civ. P. 4 & 41(b);

Link v. Wabash R.R. Co., 370 U.S. 626, 629-30, 82 S.Ct. 1386, 1388 (1962).

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