Randall Nickerson et al. v. Netflix, Inc. et al.

Nickerson v. Netflix · United States District Court for the Central District of California · January 8, 2026 · No. CV 25-08703-SPG(PVCx)

Summary

The United States District Court for the Central District of California issued an order to show cause why the action should not be dismissed for lack of prosecution. Plaintiffs were ordered to respond by January 22, 2026, regarding their failure to file proofs of service for the First Amended Complaint within the 90-day period under Federal Rule of Civil Procedure 4(m).

Holdings

  1. The district court may order Plaintiffs to show cause why the action should not be dismissed for lack of prosecution on the court's own motion.
  2. Absent a showing of good cause, an action must be dismissed without prejudice when a defendant is not served within 90 days after the complaint is filed.

Questions Presented

  1. Whether the court should require Plaintiffs to show cause why the action should not be dismissed for lack of prosecution based on the failure to file proofs of service within 90 days.
  2. Whether dismissal without prejudice is required under Federal Rule of Civil Procedure 4(m) absent timely service or good cause.

Disposition

other

Cases Cited (1)

  • Link v. Wabash R. Co., 370 U.S. 626 (1962)(followed)

Cited In (0)

No citing cases on record yet.

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