United African-Asian Abilities Club v. City of Lights on Fig LP et al

Filing 12

FURTHER ORDER TO SHOW CAUSE by Judge Fernando M. Olguin. No later than 11/16/2016, plaintiff shall file a Response to the Order to ShowCause or file an application for entry of default by clerk. (vdr)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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UNITED AFRICAN-ASIAN ABILITIES
CLUB,

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Plaintiff,

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v.
CITY LIGHTS ON FIG LP, et al.,

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Defendants.

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Case No. CV 16-6199 FMO (Ex)

FURTHER ORDER TO SHOW CAUSE

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Plaintiff filed its complaint on August 18, 2016. On September 15, 2016, the court granted

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the parties’ stipulation to extend time, until October 11, 2016, to respond to the complaint. (See

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Court’s Order of September 15, 2016). Defendants did not file an answer or a motion pursuant

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to Federal Rule of Civil Procedure 12(b) by October 11, 2016. (See, generally, Dkt.). By order

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filed on November 1, 2016, plaintiff was ordered to show cause, on or before November 3, 2016,

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why this action should not be dismissed for lack of prosecution. (See Court’s Order of November

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1, 2016). As of the date of this Order, plaintiff has not filed any response to the Court’s Order to

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Show Cause. Nor has plaintiff filed an application for entry of default by clerk. (See, generally,

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Dkt.).

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A district court may dismiss an action for failure to prosecute or to comply with court orders.

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Fed. R. Civ. P. 41(b); Link v. Wabash Railroad Co., 370 U.S. 626, 629-30, 82 S.Ct. 1386 (1962)

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(authority to dismiss for failure to prosecute necessary to avoid undue delay in disposing of cases

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and congestion in court calendars); Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir.), cert.

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denied, 506 U.S. 915, 113 S.Ct. 321 (1992) (district court may dismiss action for failure to comply

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with any court order).

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Given that dismissal is a severe penalty, see Thompson v. Housing Authority of Los

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Angeles, 782 F.2d 829, 831 (9th Cir.), cert. denied, 479 U.S. 829, 107 S.Ct. 112 (1986), the court

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will grant plaintiff one final opportunity to respond to the Order to Show Cause or file an application

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for entry of default by clerk.

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Based on the foregoing, IT IS ORDERED that:

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1. No later than November 16, 2016, plaintiff shall file a Response to the Order to Show

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Cause or file an application for entry of default by clerk.

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2. Plaintiff is cautioned that failure to file a Response or an application for entry of default

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by the deadline set forth above shall result in the dismissal of this action without prejudice for

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failure to prosecute and comply with the court’s orders. Fed. R. Civ. P. 41(b); Link, 370 U.S. at

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629-30.

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Dated this 10th day of November, 2016.

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/s/
Fernando M. Olguin
United States District Judge

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