Facts
- Plaintiffs Downtown Crenshaw Rising filed a complaint against Deutsche Bank and other defendants but failed to serve them within the required time frames. [lines="22-37"]
- The court may dismiss an action if the summons and complaint are not served within 90 days after filing, absent good cause. [lines="22-23"]
- The court noted that one or more service deadlines appeared unmet. [lines="37"]
- Plaintiffs were ordered to show cause in writing by November 25, 2024, to explain the lack of prosecution. [lines="38-40"]
- The court indicated that failure to respond timely could result in dismissal of the action or defendants for lack of prosecution. [lines="60-61"]
Issues
- Whether the court should dismiss the action due to the plaintiffs' failure to serve the complaint within the prescribed time limits. [lines="22-23"]
- Whether the plaintiffs can establish good cause to avoid dismissal for lack of prosecution. [lines="40"]
Holdings
- The court has the authority to dismiss the action for lack of prosecution if plaintiffs do not adhere to the service deadlines outlined in the federal rules. [lines="22-23"]
- Plaintiffs must respond to the Order to Show Cause by the deadline to avoid dismissal of their case. [lines="60-61"]
OPINION
Case Information
*1 Case 2:24-cv-07266-FMO-MAA Document 43 Filed 11/18/24 Page 1 of 1 Page ID
#:97
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. CV 24-7266 FMO (MAAx) Date November 18, 2024 Title Downtown Crenshaw Rising, et al. v. Deutsche Bank, et al.
Present: The Honorable Fernando M. Olguin, United States District Judge Vanessa Figueroa None Present Deputy Clerk Court Reporter / Recorder Attorneys Present for Plaintiffs: Attorneys Present for Defendants: None Present None Present Proceedings: (In Chambers) Order to Show Cause Re: Dismissal Re: Lack of
Prosecution
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. Fed. R. Civ. P. 4(m). Generally, a defendant must answer the complaint within 21 days after service (60 days if the defendant is the United States). Fed. R. Civ. P. 12(a). The court may dismiss the action prior to the 90 days, however, if plaintiff(s) has/have not diligently prosecuted the action. With respect to service of individuals and/or business entities in a foreign country, plaintiff shall exercise all reasonable diligence and attempt service within the 90-day time period.
In the present case, it appears that one or more of these time periods has not been met. Accordingly, the court, on its own motion, orders plaintiff(s) to show cause in writing on or before November 25, 2024 , why this action should not be dismissed for lack of prosecution. Pursuant to Fed. R. Civ. P. 78(b), the court finds that this matter is appropriate for submission without oral argument. The Order to Show Cause will stand submitted upon the filing of: X Proof(s) of service of summons and complaint on the following defendant(s):
ALL DEFENDANTS X An answer by the following defendant(s): ALL DEFENDANTS X Plaintiff’s application for entry of default pursuant to Fed. R. Civ. P. 55(a):
ALL DEFENDANTS on or before the date indicated above. Failure to file a timely response to this Order to Show Cause shall result in the action or the above defendant(s) being dismissed for lack of prosecution and for failure to comply with the orders of the court. See Local Rule 41; Fed. R. Civ. P. 4 & 41(b); Link v. Wabash R.R. Co., 370 U.S. 626, 629-30, 82 S.Ct. 1386, 1388 (1962).
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