Graciela Fernandez v. Transunion, LLC

Summary

This document is an order to show cause issued by the U.S. District Court for the Central District of California regarding possible dismissal for lack of prosecution. The court directs the plaintiff to respond by April 17, 2025, and identifies filing an answer or an application for entry of default concerning Experian Information Solutions, Inc. as the events that would submit the matter for decision.

Holdings

1. Absent good cause, an action must be dismissed without prejudice when the summons and complaint are not served on a defendant within 90 days after the complaint is filed, and the court may dismiss before that period expires if 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.
3. 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 the action was not diligently prosecuted.
2. What response was required from the plaintiff concerning service, an answer, or an application for entry of default.

Disposition

other