Beachbody, LLC v. Power Trade Direct et al
| Beachbody, LLC |
| Does, Yadhira Duran, Carl Encarnacion, Power Trade Direct and Beth Rivers |
| 2:2017cv02093 |
| March 16, 2017 |
| US District Court for the Central District of California |
| John E. McDermott |
| Dolly M. Gee |
| Copyright |
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Filing
35
MINUTES (IN CHAMBERS) - ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Dolly M. Gee. 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. See Fed. R. Civ. P. 4(m). Generally, defendant must answer the complaint within 21 days after service (60 days if the defendant is the United States). 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 September 8, 2017 why this action should not be dismissed as to defendant Yadhira Duran for lack of prosecution. As an alternative to a written response by plaintiff(s), the Court will consider the filing of one of the following, as an appropriate response to this Order To Show Cause, on or before the above date, as evidence that the matter is being prosecuted diligently: An answer by the following defendant(s): Yadhira Duran; Plaintiff's application for entry of default pursuant to Rule 55a of the Federal Rules of Civil Procedure; It is plaintiff's responsibility to respond promptly to all O rders and to prosecute the action diligently, including filing proofs of service and stipulations extending time to respond. If necessary, plaintiff(s) must also pursue Rule 55 remedies promptly upon the default of any defendant. All stipulations affecting the progress of the case must be approved by this Court. (Local Rules 7-1 and 7-2.) No oral argument of this matter will be heard unless ordered by the Court. The Order will stand submitted upon the filing of a responsive pleading or motion on or before the date upon which a response by plaintiff(s) is due. This action will be dismissed as to defendant Yadhira Duran if the above-mentioned document(s) are not filed by the date indicated above. (clee)
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Filing
32
MINUTES (IN CHAMBERS)- ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Dolly M. Gee.The Court, on its own motion, orders plaintiff(s) to show cause in writing on or before September 5, 2017 why this action should not be dismissed as to defendant Carlos Andres Levii for lack of prosecution. No oral argument of this matter will be heard unless ordered by the Court. The Order will stand submitted upon the filing of a responsive pleading or motion on or before the date upon which a response by plaintiff(s) is due. This action will be dismissed as to defendant Carlos Andres Levii if the above-mentioned document(s) are not filed by the date indicated above. (iv)
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Filing
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ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Dolly M. Gee. Response to Order to Show Cause due by 6/29/2017. As an alternative to a written response by plaintiff(s), the Court will consider the filing of one of the following, as an appropriate response to this Order To Show Cause, on or before the above date, as evidence that the matter is being prosecuted diligently: Proof(s) of service of summons and complaint on the defendant(s): Power Trade Direct, Carl Encarnacion; An answer by the following defendant(s): Yadhira Duran and Beth Rivers; or Plaintiff's application for entry of default pursuant to Rule 55a of the Federal Rules of Civil Procedure. See document for details. (smo)
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