Industrial Realty Group, LLC v. International Realty Group

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 file proof of service or an answer by June 13, 2025, and warned that failure to respond could result in dismissal without prejudice.

Holdings

1. Absent a showing of good cause, an action may be dismissed without prejudice when 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 expiration of the 90-day service period when the plaintiff has not diligently prosecuted the action.
3. A defendant generally must answer within 21 days after service, or within 60 days if the defendant is the United States.

Questions Presented

1. Whether the action should be dismissed without prejudice for lack of prosecution because the summons and complaint may not have been served within 90 days.
2. Whether the plaintiff should be required to show cause and submit proof of service or defendants' answers before dismissal.
3. Whether the matter was appropriate for submission without oral argument under Federal Rule of Civil Procedure 78(b).

Disposition

other