Summary
The United States District Court for the Central District of California issued an order to show cause regarding dismissal for lack of prosecution. The court ordered the plaintiff to file proof of service or an answer by April 17, 2025, and warned that failure to respond could result in dismissal without prejudice.
Topics
Practice areas
Questions Presented
- Whether the court should require plaintiff to show cause why the action should not be dismissed without prejudice for lack of prosecution based on the apparent failure to timely serve the defendants or obtain their answers.
Holdings
- 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. The court may also dismiss before the 90-day period expires if the plaintiff has not diligently prosecuted the action.
- Generally, a defendant must answer within 21 days after service, or within 60 days if the defendant is the United States.
Key quotations
“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.”
“The court may dismiss the action prior to the 90 days, however, if plaintiff(s) has/have not diligently prosecuted the action.”
Factual background
The action had been filed, but the court observed that one or more applicable periods for service of the summons and complaint or for filing an answer appeared not to have been met. The court specifically required proof of service on all defendants and answers from all defendants, or a written showing of good cause, by April 17, 2025.
Procedural history
Plaintiff filed a civil action. The court determined that the record appeared not to show timely service of the summons and complaint or timely answers by the defendants, and sua sponte ordered plaintiff to show cause in writing by April 17, 2025, why the action should not be dismissed without prejudice for lack of prosecution.