The Bank of New York Mellon v. Christine Franz et al
Filing
5
ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Beverly Reid O'Connell. Response to Order to Show Cause due by 9/13/2013. (rfi)
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
CV 13-05169-BRO (VBKx)
Title
The Bank of New York Mellon v. Christine Franz et al
Present: The Honorable
Date
August 23, 2013
BEVERLY REID O’CONNELL
Renee Fisher
Myra Ponce
N/A
Deputy Clerk
Court Reporter / Recorder
Tape No.
Attorneys Present for Plaintiffs:
Attorneys Present for Defendants:
None
None
Proceedings:
(IN CHAMBERS)
ORDER TO SHOW CAUSE RE: 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). Defendant(s) have failed to answer or
present other defenses pursuant to Federal Rules of Civil Procedure Section 81(c)(2).
The instant case was removed to the Federal District Court on July 17, 2013. A response
to the complaint within 21 days after receiving a copy of the initial pleading, 21 days after being
served with the summons, or 7 days after the notice of removal is filed. See Rule 81(c)(2) of the
Federal Rules of Civil Procedure.
Plaintiff can satisfy this order to show cause by one of the following:
1)
An answer/response by the following defendants: Steven Franz and Christine
Franz; or
2)
Plaintiff can satisfy this order by showing that service was effectuated on the
Defendant and by seeking entry of default pursuant to Rule 55a of the Federal
Rules of Civil Procedure, or by dismissing the complaint as to these defendant(s).
Plaintiff(s) must respond to this order within 20 days. Failure to respond to this OSC will
be deemed consent to the dismissal of the action.
CV-90 (06/04)
CIVIL MINUTES - GENERAL
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