LOW-IACOVINO v. THE BENEFIT PLAN COMMITTEE OF THE NONBARGAINED PRGRAM OF THE AT&T PENSION BENEFIT PLAN et al
(IN CHAMBERS) ORDER TO SHOW CAUSE REGARDING DISMISSAL FOR LACK OF PROSECUTION by Judge Andre Birotte Jr. 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 (196 2) (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(s) to show caus e, in writing, on or before March 21, 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 arg ument. 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. Defendant Fidelity Service Center did not answer th e complaint, yet Plaintiff(s) have failed to correct their request for entry of default (Dkt. 27 ), pursuant to Fed.R.Civ.P. 55(a). Plaintiff(s) can satisfy this order by seeking entry of default or by dismissing the complaint. IT IS SO ORDERED. (clee)
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