Darlene Bagsby v. Stearns Lending, Inc. et al

Filing 20

MINUTES OF IN CHAMBERS ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION held before Judge Andrew J. Guilford. The Court Orders Counter Claimant, to show cause in writing no later than 11/21/08 why this action should not be dismissed for lack of prosecution. 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 is due. (See Order for further details) (db)

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. Title CV 08-0674-AG(CTx) Date November 5, 2008 DARLENE BAGSBY v STERNS LENDING, INC., ET AL Present: The Honorable Lisa Bredahl Deputy Clerk ANDREW J. GUILFORD, U.S. DISTRICT JUDGE None Present Court Reporter / Recorder n/a Tape No. Attorneys Present for Plaintiffs: Not Present Proceedings: Attorneys Present for Defendants: Not Present [IN CHAMBERS] ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION The Court, on its own motion, hereby ORDERS Counter Claimant, to show cause in writing no later than November 21, 2008 why this action should not be dismissed for lack of prosecution. As an alternative to a written response by Counter Claimant, the Court will consider the filing of one of the following, as an appropriate response to this OSC, on or before the above date: ____ Proof of service of summons and complaint OR XXX Answer by the defendant(s) or plaintiff's request for entry of default. Filing of a request for the clerk to enter default judgment OR the filing of a motion for entry of default judgment. Absent a showing of good cause, an action shall be dismissed if the summons and complaint have not been served upon all defendants within 120 days after the filing of the complaint. Fed. R. Civ. P. 4(m) The Court may dismiss the action prior to the expiration of such time, however, if plaintiff(s) has/have not diligently prosecuted the action. It is the plaintiff's responsibility to respond promptly to all orders and to prosecute the action diligently, including filing proofs of service and stipulations extending time under 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 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 CV-90 (06/04) CIVIL MINUTES - GENERAL 0 lmb Page 1 of 1

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