Robert McCarthy v. Clifford Douglas et al

Filing 17

MINUTES (IN CHAMBERS) - ORDER TO SHOW CAUSE REGARDING DISMISSAL FOR LACK OF PROSECUTION by Judge Andre Birotte Jr.Accordingly, the Court, on its own motion, orders Plaintiff(s) to show cause, in writing, on or before May 3, 2017, why this action sh ould 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. Defendants Clifford Douglas and Elaine Douglas did not properly answer the complaint, 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. IT IS SO ORDERED. SEE ATTACHED ORDER FOR FURTHER DETAIL. (clee)

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

Case No.:

Title:

CV 16-09496-AB (AJWx)

Date:

April 19, 2017

Robert McCarthy v. Clifford Douglas, et al.

Present: The Honorable

ANDRÉ BIROTTE JR., United States District Judge

Ingrid Valdes

N/A

Deputy Clerk

Court Reporter

Attorney(s) Present for Plaintiff(s):

Attorney(s) Present for Defendant(s):

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).
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 cause, in writing, on or before May 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.
Defendants Clifford Douglas and Elaine Douglas did not properly answer the complaint,
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.

IT IS SO ORDERED.

CV-90 (12/02)

CIVIL MINUTES - GENERAL

Initials of Deputy Clerk CB