United States Liability Insurance Company v. Liberty Insurance Corporation

Summary

The United States District Court for the Central District of California issued an order to show cause regarding potential 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 November 26, 2025, and stated 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. The court may dismiss an action before the 90-day service period expires if the plaintiff has not diligently prosecuted the action.
3. When service is to be made on individuals or business entities in a foreign country, the plaintiff must exercise all reasonable diligence and attempt service within the 90-day period.

Questions Presented

1. Whether the court should require the plaintiff to show cause why the action should not be dismissed without prejudice for lack of prosecution.
2. Whether the apparent failure to serve the summons and complaint, obtain an answer, or seek entry of default warranted an order to show cause under the Federal Rules of Civil Procedure and the court's local rules.

Disposition

other