Ki Jong Song et al v. RJJM LLC et al

Filing 18

MINUTES (IN CHAMBERS) ORDER DISMISSING CASE FOR LACK OF PROSECUTION by Judge Philip S. Gutierrez. Because of Plaintiffs' failure to comply with the OSC, the Court DISMISSES the claims against all Defendants WITH PREJUDICE and closes the case. See document for details. Case Terminated. Made JS-6. (smo)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

JS-6

CIVIL MINUTES - GENERAL
Case No.

CV16-1817 PSG GJS

Title

Ki Jong Song et al. v. RJJM LLC et al.

Present: The Honorable

Date

June 2, 2017

Philip S. Gutierrez, United States District Judge

Wendy Hernandez

Not Reported

Deputy Clerk

Court Reporter

Attorneys Present for Plaintiff(s):

Attorneys Present for Defendant(s):

Not Present

Not Present

Proceedings (In Chambers):

Order DISMISSING Case for Lack of Prosecution

.
Plaintiffs Ki Jong Song and Mi Sook Song (“Plaintiffs”) filed a lawsuit against
Defendants RJJM LLC, The Liu Bunch, LLC, Yiiching Liu, Paul Liu, Josephine Liu, Rosalyn
Liu, and Tappan Zee (“Defendants”) on March 17, 2016. See Dkt. # 1. Plaintiffs subsequently
submitted proof of service only as to Defendant The Liu Bunch, LLC (“The Liu Bunch”). See
Dkt. # 9. On June 21, 2016, a clerk’s default was entered against The Liu Bunch. See Dkt. # 14.
On January 23, 2017, the Court issued an Order to Show Cause (“OSC”) why the Court should
not dismiss the case for lack of prosecution. Dkt. # 16. The Court indicated that Plaintiffs could
satisfy the OSC by submitting proof of service of summons and the complaint on the remaining
Defendants and by filing a properly noticed motion for default judgment against The Liu Bunch
by February 6, 2017. See id. The Court also warned Plaintiffs that failure to respond might
result in the dismissal of the entire action. See id.
Plaintiffs filed a timely response stating that they would submit a motion for default
judgment by March 9, 2017. See Dkt. # 17. Now nearly ninety days have passed and Plaintiffs
still have neither filed a motion for default judgment against The Liu Bunch nor proof of service
for the remaining Defendants. Therefore, because of Plaintiffs’ failure to comply with the OSC,
the Court DISMISSES the claims against all Defendants WITH PREJUDICE and closes the
case.
IT IS SO ORDERED.

CV-90 (10/08)

CIVIL MINUTES - GENERAL

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