FPG California, Inc. v. Omega Funeral Home

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. The court directed the plaintiff to respond by January 20, 2026, by filing an answer or an application for entry of default as to all defendants. The order cites Federal Rules of Civil Procedure 4(m), 12(a), 41(b), and 78(b), as well as Local Rule 41.

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 if the defendant is the United States.
3. The court may dismiss an action before the 90-day service period expires if the plaintiff has not diligently prosecuted the action.
4. When serving 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 action should be dismissed for lack of prosecution because the summons and complaint apparently were not timely served or defendants had not timely responded.
2. Whether plaintiff should be required to show cause and either demonstrate good cause, obtain an answer, or seek entry of default.

Disposition

other