Big Boy Restaurant Group, LLC v. Rick Truhls et al
Big Boy Restaurant Group, LLC v. Rick Truhls et al
Trial Court Opinion
CIVIL MINUTES – GENERAL
Case No. CV 25-07103-SK Date: November 17, 2025 Title Big Boy Restaurant Group, LLC v. Rick Truhls et al
Present: The Honorable: Steve Kim, United States Magistrate Judge
Connie Chung n/a
Deputy Clerk Court Reporter / Recorder
Attorneys Present for Plaintiff(s): Attorneys Present for Defendant(s):
None present None present
Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION
For the reason indicated below, Plaintiff is ordered to show cause on or before November 24, 2025 why Defendants Rick E Truhls and Warlord Clothing, Inc. 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). 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 indicated Defendants. 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). 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 indicated Defendant(s). IT IS SO ORDERED.
Reference
- Status
- Unknown