Laeticia Burns v. Starburn Industries

United States District Court for the Central District of California

Laeticia Burns v. Starburn Industries

Trial Court Opinion

Case 2:21-cv-08936-SPG-AGR Document 26 Filed 11/22/22 Page 1 of 2 Page ID #:80

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

Case No. CV 21-08936-SPG(AGRx) Date November 22, 2022

Title Laeticia Burns v. Starburn Industries et al

Present: The Honorable SHERILYN PEACE GARNETT UNITED STATES DISTRICT JUDGE

P. Gomez Not Reported Deputy Clerk Court Reporter / Recorder

Attorneys Present for Plaintiff: Attorneys Present for Defendants:

Not Present Not Present

Proceeding: (IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION Plaintiff is 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).

The below time periods have not been met. Accordingly, the Court, on its own motion, orders Plaintiff to show cause, in writing, on or before December 9, 2022, why this action should not be dismissed for lack of prosecution. This matter will stand submitted upon the filing of Plaintiff’s response. See Fed. R. Civ. P. 78. Failure to respond 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 has failed to file a proof of service within 90 days of the filing of the Complaint on the following Defendant: Joseph Russo

Plaintiff 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).

Page 1 of 2 Case 2:21-cv-08936-SPG-AGR Document 26 Filed 11/22/22 Page 2 of 2 Page ID #:81

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

Case No. CV 21-08936-SPG(AGRx) Date November 22, 2022

Title Laeticia Burns v. Starburn Industries et al

Defendants Starburn Industries, and Dino Stamatopoulos have not answered the complaint, yet Plaintiff has failed to request entry of default, pursuant to Fed. R. Civ. P. 55(a). Plaintiff can satisfy this order by seeking entry of default or by dismissing the complaint.

IT IS SO ORDERED.

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