R and S Worldwide, Inc. v. Rue 21, Inc. et al

Filing 111

(IN CHAMBERS) ORDER TO SHOW CAUSE REGARDING DISMISSAL FOR LACK OF PROSECUTION by Judge Andre Birotte Jr. The Court, on its own motion, orders Plaintiff(s) to show cause, in writing, on or before January 3, 2017, why this action should not be dismis sed 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 Plainti ff(s) response. Failure to respond to this Order to Show Cause will be deemed consent to the dismissal of the action. Accordingly, the Court VACATES the scheduled pretrial conference and trial dates in this matter, currently set for January 9, 2017 and January 24, 2017, respectively. (iv)

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

Case No.: CV 15-09303-AB (KSx)
Title:

Date:

December 21, 2016

R and S Worldwide, Inc. v. Rue 21, Inc., et al.

Present: The Honorable

ANDRÉ BIROTTE JR., United States District Judge

Carla Badirian
Deputy Clerk

N/A
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(s) are 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).
The Court, on its own motion, orders Plaintiff(s) to show cause, in writing, on or
before January 3, 2017, 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.
On September 9, 2016 the Court ordered Defendant MJCK to have a licensed
attorney enter an appearance on its behalf no later than twenty-one (21) days after being
served with a copy of the Court’s Order. (Dkt. No. 53). Plaintiffs served the order on
MJCK Corporation via mail and filed proof of service on September 25, 2016.
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Defendant(s) MJCK Corporation still has not retained counsel, yet Plaintiff(s)
have failed to request entry of default, pursuant to Fed. R. Civ. P. 55(a). Plaintiff(s) can
satisfy this order by seeking entry of default or by dismissing the complaint.
Accordingly, the Court VACATES the scheduled pretrial conference and trial
dates in this matter, currently set for January 9, 2017 and January 24, 2017, respectively.

IT IS SO ORDERED.

CV-90 (12/02)

CIVIL MINUTES - GENERAL

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Initials of Deputy Clerk CB