Ekaterina Zhuliabina v. Kika Scott, et al.

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 directed the plaintiff to file proof of service, an answer, or an application for entry of default by July 28, 2025, and warned that failure to respond could result in dismissal.

Holdings

1. Absent good cause, an action may be dismissed without prejudice when the summons and complaint are not served on a defendant within 90 days after the complaint is filed, and the court may dismiss before that period expires when the plaintiff has not diligently prosecuted the action.
2. The matter was appropriate for submission without oral argument under Federal Rule of Civil Procedure 78(b).

Questions Presented

1. Whether the plaintiff should be required 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, obtain answers, or otherwise diligently prosecute the action.

Disposition

other