Sara Taylor v. Think SmartFinancial.com Insurance Agency LLC

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 show cause by March 17, 2025, because service or another required procedural deadline appeared not to have been met, and stated that the matter could be resolved by the defendant's answer or the plaintiff's application for entry of default.

Holdings

1. Absent good cause, an action must be dismissed without prejudice if the summons and complaint are not served within 90 days after the complaint is filed; the court may also dismiss before that period expires when the plaintiff has not diligently prosecuted the action.
2. Generally, a defendant must answer within 21 days after service, subject to the 60-day period applicable when the defendant is the United States.

Questions Presented

1. Whether the court should require plaintiff to show cause why the action should not be dismissed for lack of prosecution based on the apparent failure to timely serve the defendant or obtain a timely response.
2. What procedural response plaintiff must make to avoid dismissal, including filing an answer-related submission or an application for entry of default.

Disposition

other