Gayla Shelby v. Two JInns, Inc.

Filing 12

[IN CHAMBERS] ORDER by Judge Andre Birotte Jr.: The Court, on its own motion, orders plaintiff to show cause, in writing, on or before October 28, 2015, why this action should not be dismissed for lack of prosecution. Defendant Two JInns, Inc. did not answer the complaint, yet Plaintiff has failed to request entry of default, pursuant to Fed. R. Civ. P. 55(a). Plaintiff can satisfy this order by seeking entry of default or by dismissing the complaint. IT IS SO ORDERED. (cw)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL

Case No.:

Title

CV 15-03794-AB (GJSx)

Date:

September 28, 2015

Gayla Shelby v. Two JInns, Inc.

Present: The Honorable

ANDRÉ BIROTTE JR.

Cheryl Wynn

N/A

Relief Deputy Clerk

Court Reporter

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

None Appearing

None Appearing

Proceedings:

[In Chambers] Order To Show Cause Regarding Dismissal for Lack of
Prosecution

Plaintiff is ORDERED to show cause why this case should not be dismissed, for lack of prosecution.
Link v. Wabash R. Co., 370 U.S. 626 (1962) (Court has inherent power to dismiss for lack of prosecution
on its own motion).
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 to show cause, in writing, on or before October 28, 2015, why
this action should not be dismissed for lack of prosecution. Pursuant to Rule 78 of the Federal Rules of
Civil Procedure, 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 plaintiff's response. Failure to respond to
this Order to Show Cause will be deemed consent to the dismissal of the action.
M

Defendant Two JInns, Inc. did not answer the complaint, yet Plaintiff has failed to request
entry of default, pursuant to Fed. R. Civ. P. 55(a). Plaintiff can satisfy this order by
seeking entry of default or by dismissing the complaint.

IT IS SO ORDERED.

CV-90 (12/02)

CIVIL MINUTES - GENERAL

Initials of Deputy Clerk CW