Nolita Sephira Graefin von Matuschka v. Marella, 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 file proof of service, an answer, or an application for entry of default as to all defendants by December 9, 2025, and warned that failure to respond could result in dismissal.

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. Generally, a defendant must answer the complaint within 21 days after service, or within 60 days when the defendant is the United States.
3. A court may dismiss an action before expiration of the 90-day service period when the plaintiff has not diligently prosecuted the action.
4. When serving individuals or business entities in a foreign country, plaintiff must exercise all reasonable diligence and attempt service within the 90-day period.

Questions Presented

1. Whether the action or the affected defendants should be dismissed for lack of prosecution because plaintiff apparently failed to complete service, obtain answers, or seek entry of default within the applicable periods.
2. Whether the matter was appropriate for submission without oral argument under Federal Rule of Civil Procedure 78(b).

Disposition

other