Walter Morgan v. Jim McMillin

United States District Court for the Central District of California

Walter Morgan v. Jim McMillin

Trial Court Opinion

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL

Case No.: CV 20-07774-AB (AFMx) Date: December 10, 2020

Title: § Walter Morgan v. Jim McMillin et al

Present: The Honorable ANDRE BIROTTE JR., United States District Judge Carla Badirian N/A Deputy Clerk Court Reporter

Attorney(s) Present for Plaintiff(s): Attorney(s) Present for Defendant(s): None Appearing None Appearing

Proceedings: [In Chambers] Order To Show Cause Regarding Dismissal for Lack of Prosecution Plaintiff(s) are ORDERED to show cause why this case should not be dismissed, for lack of prosecution. Link v. Wabash R. Co.,

370 U.S. 626

(1962) (Court has inherent power to dismiss for lack of prosecution on its own motion). 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 8, 2021 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. Failure to respond to this Order to Show Cause will be deemed consent to the dismissal of the action. 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. Plaintiff(s) have failed to file a proof of service within 90 days of the filing of the Complaint on the following Defendant(s): Jim McMillin; Logan McMillin; Karen Davidson; Blok Industries, Inc. Plaintiff(s) can satisfy this order by showing that service was effectuated within the 90 day deadline or by showing good cause for the failure to do so. Fed. R. Civ. P. 4(m). IT IS SO ORDERED.

CV-90 (12/02) CIVIL MINUTES - GENERAL Initials of Deputy Clerk CB

Reference

Status
Unknown