Kyle Perez v. Spruce Power 2 LLC 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 respond by June 4, 2025, by filing an answer or an application for entry of default concerning Goldman Sachs Bank USA and Spruce Power 2 LLC, warning that failure to respond could result in dismissal.

Holdings

1. Absent good cause, an action must be dismissed without prejudice when the summons and complaint are not served on a defendant within 90 days after the complaint is filed.
2. The court may dismiss an action before the 90-day service period expires if the plaintiff has not diligently prosecuted the action.
3. A defendant generally must answer within 21 days after service, and a plaintiff may seek entry of default when a defendant fails to plead or otherwise defend as permitted by Rule 55(a).

Questions Presented

1. Whether the apparent failure to timely serve one or more defendants or obtain a responsive pleading warranted an order to show cause regarding dismissal for lack of prosecution.
2. Whether the court could dismiss the action before expiration of the ordinary service period if plaintiff had not diligently prosecuted the action.

Disposition

other