Unreported / Non-Citable
Background
Stephanie St. Mary filed a civil action against Rewire News Group in the U.S. District Court for the Central District of California, assigned case number CV 26-6956 FMO (SSCx) on docket 2:26-cv-06956. The matter came before District Judge Fernando M. Olguin, who issued an in-chambers civil-minutes order on October 15, 2026, with no attorneys present for either plaintiffs or defendants and no court reporter present.
The order reflects the court's routine but consequential docket-management checkpoint in federal litigation. Under Federal Rule of Civil Procedure 4(m), 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, and under Rule 12(a) a served defendant generally must answer within 21 days, or 60 days if the defendant is the United States. The court noted that it may dismiss the action even before the 90-day window closes if the plaintiff has not diligently prosecuted it, and that plaintiffs attempting service on individuals or business entities in a foreign country must still exercise all reasonable diligence within that period.
The Court’s Holding
Judge Olguin observed that in the present case it appears that one or more of these time periods has not been met. Acting on its own motion, the court ordered the plaintiff to show cause in writing on or before October 22, 2026, why the action should not be dismissed for lack of prosecution. Pursuant to Federal Rule of Civil Procedure 78(b), the court found that the matter is appropriate for submission without oral argument.
The order specifies that the Order to Show Cause will stand submitted upon the filing of either an answer by defendant Rewire News Group or the plaintiff's application for entry of default under Federal Rule of Civil Procedure 55(a) as to Rewire News Group, in each case on or before the indicated date. The order further provides that failure to file a timely response 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, citing Local Rule 41, Federal Rules of Civil Procedure 4 and 41(b), and Link v. Wabash R.R. Co., 370 U.S. 626, 629-30 (1962).
Key Takeaways
- The court gave plaintiff Stephanie St. Mary until October 22, 2026, to show cause in writing why her case against Rewire News Group should not be dismissed for lack of prosecution.
- The order issued on the court's own motion after it appeared that service or response deadlines under Rules 4(m) and 12(a) had not been met.
- The show-cause matter stands submitted if Rewire News Group files an answer or the plaintiff files an application for entry of default under Rule 55(a) by the deadline.
- Failure to file a timely response shall result in dismissal of the action or the named defendant for lack of prosecution and for failure to comply with the orders of the court.
- The court resolved the matter on the papers under Rule 78(b), with no oral argument and no attorneys present.
Why It Matters
This order is a show-cause directive rather than a final dismissal: the case remains pending, and the plaintiff retains an opportunity to respond by the October 22, 2026 deadline, including by securing an answer from the defendant or seeking entry of default. But the order's consequence language is mandatory — failure to file a timely response 'shall result in' dismissal — so the directive carries real force under Local Rule 41, Federal Rules of Civil Procedure 4 and 41(b), and the court's inherent authority to manage its docket as recognized in Link v. Wabash R.R. Co.
For litigants, the order illustrates the Central District of California's practice of policing its docket through show-cause orders when plaintiffs fail to serve defendants or otherwise advance their cases within the timeframes set by the Federal Rules of Civil Procedure. Missing the 90-day service window or failing to follow up on an unresponsive defendant can place the entire action at risk of dismissal without prejudice.