Stephen Yagman v. Ferguson Enterprises, Inc. et al

Filing 45

(IN CHAMBERS) ORDER TO SHOW CAUSE by Judge Fernando M. Olguin. Response to Order to Show Cause due by 4/27/2017. (vdr)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 16-9536 FMO (SSx)

Title

Stephen Yagman v. Ferguson Enterprises, Inc., et al.

Present: The Honorable

Date

April 17, 2017

Fernando M. Olguin, United States District Judge

Vanessa Figueroa

None

None

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorney Present for Plaintiff(s):

Attorney Present for Defendant(s):

None Present

None Present

Proceedings:

(In Chambers) Order To Show Cause

On December 27, 2016, pro se plaintiff Stephen Yagman (“plaintiff”), filed a Complaint
against several defendants relating to allegedly defective kitchen appliances. (See Dkt. 1,
Complaint at ¶¶ 4-15). On March 21, 2017, the court issued an Order to Show Cause Re:
Dismissal Re: Lack of Prosecution (Dkt. 38, “OSC”) requiring plaintiff “to show cause in writing on
or before March 28, 2017, why this action should not be dismissed for lack of prosecution”
because it appeared that defendant Bosch GmbH (“Bosch”) had not been served with the
summons and complaint. (See id.). The OSC indicated that the filing of a proof of service or an
answer by Bosch would be satisfactory responses. (See id.). As of the date of this Order, plaintiff
has not filed a response to the OSC. (See, generally, Dkt.).
Because it appears that Bosch may be a foreign entity, (see Dkt. 39, Defendants Notice
Motion to Dismiss at 1 n. 1), the court will continue the OSC to permit plaintiff one final opportunity
to show cause why Bosch should not be dismissed from this action.
Based on the foregoing, IT IS ORDERED THAT:
1.
No later than April 27, 2017, plaintiff shall show cause in writing why Bosch should
not be dismissed from this action for lack of prosecution.
2.
Plaintiff is admonished that failure to file a timely response by the April 27, 2017,
deadline shall result in Bosch being dismissed from this action for lack of prosecution and for
failure to comply with the orders of the court. See Fed. R. Civ. P. 41(b); Link v. Wabash R.R. Co.,
370 U.S. 626, 629-30, 82 S.Ct. 1386, 1388 (1962).

Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

vdr

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