Summary
The United States District Court for the Central District of California issued an order to show cause regarding dismissal for lack of prosecution in Los Angeles Waterkeeper v. SignResource, LLC. The court directed the plaintiff to respond by June 6, 2025, concerning service, an answer, or an application for default, and warned that failure to respond could result in dismissal.
Holdings
- Absent 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.
- The court may dismiss an action before expiration of the 90-day service period when the plaintiff has not diligently prosecuted the action.
- 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
- Whether the plaintiff should be required to show cause why the action should not be dismissed without prejudice for lack of prosecution based on the apparent failure to timely serve the defendant or obtain a timely response.
- What procedural deadlines and available filings govern service, answering, entry of default, and default judgment in the circumstances presented.
Disposition
other
Cases Cited (1)
- Link v. Wabash R.R. Co., 370 U.S. 626, 629-30, 82 S. Ct. 1386, 1388 (1962)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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