Aaron Himalaya Roberts v. City of Hermosa Beach et al

Filing 122

MINUTES OF IN CHAMBERS ORDER held before Judge A. Howard Matz: It is the responsibility of plaintiff to respond promptly to all Orders and to prosecute the action diligently, including filing proofs of service and stipulations extending time to respo nd. If necessary, plaintiff(s) must also pursue Rule 55 remedies promptly upon default of any defendant. All stipulations affecting the progress of the case must be approved by the Court, Local Rule 7-1.The file in this case lacks the papers that w ould show it is being timely prosecuted, as reflected below. Accordingly, the Court, on its own motion, hereby orders plaintiff(s) to show cause in writing no later than December 15, 2008 why this action should not be dismissed as to all remaining defendants for lack of prosecution.:( Show Cause Response due by 12/15/2008.) (smo)

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. Title CV08-4761-AHM (JWJx) B. DAVID MEHMET v. ELIZABETH BLACKBURN Date November 26, 2008 Present: The Honorable Stephen Montes Deputy Clerk A. HOWARD MATZ, U.S. DISTRICT JUDGE Not Reported Court Reporter / Recorder Tape No. Attorneys NOT Present for Defendants: Attorneys NOT Present for Plaintiffs: Proceedings: IN CHAMBERS (No Proceedings Held) re: Order to Show Cause re Dismissal for Lack of Prosecution This Order is issued pursuant to FRCP 4(m), which requires that plaintiff(s) serve the summons and complaint upon all defendants within 120 days after filing the complaint. The Court may dismiss the action prior to the 120 days, however, if plaintiff(s) has/have not diligently prosecuted the action. It is the responsibility of plaintiff to respond promptly to all Orders and to prosecute the action diligently, including filing proofs of service and stipulations extending time to respond. If necessary, plaintiff(s) must also pursue Rule 55 remedies promptly upon default of any defendant. All stipulations affecting the progress of the case must be approved by the Court, Local Rule 7-1. The file in this case lacks the papers that would show it is being timely prosecuted, as reflected below. Accordingly, the Court, on its own motion, hereby orders plaintiff(s) to show cause in writing no later than December 15, 2008 why this action should not be dismissed as to all remaining defendants for lack of prosecution. As an alternative to a written response by plaintiff(s), the Court will accept one of the following, if it is filed on or before the above date, as evidence that the matter is being prosecuted diligently. · · · CV-90 (06/04) Proof of service of summons and complaint (applicable for defendant(s) who have not been served) In cases removed from State Court, responsive pleadings filed by all defendants Request for entry of default by plaintiff(s) (applicable where defendants CIVIL MINUTES - GENERAL Page 1 of 2 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. Title CV08-4761-AHM (JWJx) B. DAVID MEHMET v. ELIZABETH BLACKBURN Date November 26, 2008 · have been served but not answered) Motion for default judgment or request for clerk to enter default judgment No oral argument of this matter will be heard unless ordered by the Court. The Order will stand submitted upon the filing of a responsive pleading or motion on or before the date upon which a response by plaintiff(s) is due. : Initials of Preparer SMO CV-90 (06/04) CIVIL MINUTES - GENERAL Page 2 of 2

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