Corey Carnegie et al v. City of Los Angeles Department of Animal Services et al

Filing 100

MINUTES OF IN CHAMBERS - ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR LACK OF PROSECUTION 90 by Judge Dolly M. Gee: Plaintiffs are ORDERED TO SHOW CAUSE why this case should not be dismissed for lack of prosecution. By no later than 3/1 2/2020, Plaintiffs shall file a response indicating whether the state criminal proceedings against them have been resolved and whether they intend to continue to pursue this action. If so, Plaintiffs shall request to lift the stay and propose a deadl ine within which to file their Second Amended Complaint. Plaintiffs' failure to file a response by the above-indicated date shall result in dismissal of this action with prejudice for lack of prosecution. See document for further details. Court Reporter: Not Reported. (gk)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—GENERAL
Case No.

CV 14-7053-DMG (AGRx)

Date

February 26, 2020

Title Corey Carnegie; Christianna Delight Hartwell v. City of Los Angeles
Department of Animal Services, et al.
Present: The Honorable

Page

1 of 2

DOLLY M. GEE, UNITED STATES DISTRICT JUDGE

KANE TIEN
Deputy Clerk

NOT REPORTED
Court Reporter

Attorneys Present for Plaintiff(s)
None Present

Attorneys Present for Defendant(s)
None Present

Proceedings: IN CHAMBERS — ORDER TO SHOW CAUSE WHY CASE SHOULD
NOT BE DISMISSED FOR LACK OF PROSECUTION [90]
This section 1983 action arises out of Defendant Los Angeles Department of Animal
Services’ alleged unlawful taking of Plaintiffs’ animals. [See Doc. # 1.]
On April 21, 2015, this Court issued an order on Defendants’ motions to dismiss, motion
to strike, and motion for a more definitive statement. [Doc. # 90.] In relevant part, the Court
ordered as follows:
1. Defendant Schwab’s motion to dismiss was granted as to the conversion claim, with
leave to amend, and was otherwise denied;
2. Defendant Schwab’s motion to strike paragraphs 9-12 and 183-185 of the First
Amended Complaint was granted;
3. Defendant Schwab’s motion for a more definite statement was denied;
4. The City Defendants’ motion to dismiss the request for punitive damages against the
City of Los Angeles and for an accounting was granted without leave to amend.
Id. at 19-20. The Court’s April 21, 2015 Order also stayed the action pending resolution of state
criminal proceedings against Plaintiffs for animal neglect and animal cruelty. Id. at 7, 19.
The Court further ordered the parties to file a Joint Status Report within 15 days after a
final disposition of the state criminal proceedings, including a request to lift the stay, if
necessary, and to propose deadlines within which Plaintiffs would file their Second Amended
Complaint, if any, and Defendants would file their response. Id. at 20.
No relevant further action has been taken by the parties since that time.

CV-90

CIVIL MINUTES—GENERAL

Initials of Deputy Clerk KT

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—GENERAL
Case No.

CV 14-7053-DMG (AGRx)

Date

February 26, 2020

Title Corey Carnegie; Christianna Delight Hartwell v. City of Los Angeles
Department of Animal Services, et al.

Page

2 of 2

Accordingly, Plaintiffs are ORDERED TO SHOW CAUSE why this case should not be
dismissed for lack of prosecution.
By no later than March 12, 2020, Plaintiffs shall file a response indicating whether the
state criminal proceedings against them have been resolved and whether they intend to continue
to pursue this action. If so, Plaintiffs shall request to lift the stay and propose a deadline within
which to file their Second Amended Complaint.
Plaintiffs’ failure to file a response by the above-indicated date shall result in
dismissal of this action with prejudice for lack of prosecution.
IT IS SO ORDERED.

CV-90

CIVIL MINUTES—GENERAL

Initials of Deputy Clerk KT