Nelson Chilin v. Gabriel Flores, DVM, A Veterinary Corporation
Opinion
Trial Court Opinion
CIVIL MINUTES – GENERAL
Case No. SACV 24-01465-FWS (KESx) Date December 12, 2024
Title Nelson Chilin v. Gabriel Flores, DVM, A Veterinary Corporation et al
Present: The Honorable FRED W. SLAUGHTER, UNITED STATES DISTRICT JUDGE
Melissa H. Kunig Not Reported
Deputy Clerk Court Reporter
Attorneys Present for Plaintiffs: Attorneys Present for Defendants:
None Present None Present
Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR
LACK OF PROSECUTION
“[I]t is the plaintiff’s responsibility to move a case toward a merits disposition.” Thomas v. Kernan, 2019 WL 8888200, at *1 (C.D. Cal. July 10, 2019) (citing Morris v. Morgan Stanley & Co., 942 F.2d 648, 652 (9th Cir. 1991)). That includes timely serving the complaint and filing a proof of service. Absent a showing of good cause, “[i]f a defendant is not served within 90 days after the complaint is filed, the court . . . must dismiss the action.” Fed. R. Civ. P. 4(m). Here, 90 days have passed since Plaintiff filed the First Amended Complaint, yet no proof of service has been filed. Accordingly, the court, on its own motion,…