Marley West v. Equifax, et al.

Summary

The United States District Court for the Central District of California issued an order to show cause regarding possible dismissal for lack of prosecution in Marley West v. Equifax, et al. The order addresses the deadlines for service, responsive pleadings, and potential dismissal under Federal Rules of Civil Procedure 4(m), 12(a), and 41(b), requiring a written response by November 6, 2025.

Holdings

1. 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.
2. The court may dismiss an action before the expiration of the 90-day service period when the plaintiff has not diligently prosecuted the action.
3. Generally, a defendant must answer the complaint within 21 days after service, subject to the longer period applicable when the defendant is the United States.

Questions Presented

1. Whether the action should be dismissed for lack of prosecution because plaintiff failed to timely serve the summons and complaint or obtain responsive pleadings.
2. Whether plaintiff should be required to show cause why the action should not be dismissed without prejudice under the applicable Federal Rules of Civil Procedure and local rules.

Disposition

other