Erika Petty v. Philip L Browning et al

Filing 16

ORDER TO SHOW CAUSE RE: LACK OF PROSECUTION by Magistrate Judge Alka Sagar. Plaintiff is ORDERED TO SHOW CAUSE, in writing, no later than December 5, 2017, why this action should not be dismissed with prejudice for failure to prosecute. (See Order for complete details) (Attachments: # 1 Notice of Dismissal (Blank)) (afe)

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

CV 17-01220-SJO (AS)

Title

Erika Petty v. Philip L. Browning, et. al.,

Present: The Honorable

Date

November 15, 2017

Alka Sagar, United States Magistrate Judge

Alma Felix

Not reported

Deputy Clerk

Court Reporter / Recorder

Attorneys Present for Plaintiff:

Attorneys Present for Defendant:

None

None

Proceedings (In Chambers):

Order to Show Cause Re: Lack of Prosecution

On February 15, 2017, Defendant Albert A. Smith filed a notice of removal of the complaint
filed by pro se Plaintiff Erika Petty in the Los Angeles County Superior Court on January 19, 2017.
(Docket Entry No. 1). On February 22, 2017, Defendant Albert Smith filed an answer to the
complaint, and on March 22, 2017, Defendants R. Aguirre, Guerra, Madera, Orlik and Pang filed an
answer. (Docket Entry Nos. 8-9). On May 25, 2017, the Court issued an Order Regarding Scheduling
in Civil Rights Case directing each party to file and serve a Case Management Report on or before
August 22, 2017. (Docket Entry No. 13). When the parties failed to comply, the Court issued an Order
to Show Cause on October 3, 2017, giving the parties ten days to file their respective Case
Management Reports. (Docket Entry No. 14).
Defendants filed a status report on October 4, 2017. (Docket Entry No. 15). In the report, they
note that Plaintiff has been “entirely unresponsive to any communication.” (Id. at 3). They state the
following about their failed efforts to communicate with Plaintiff:
Plaintiff has not responded to any discovery. Plaintiff has also not responded to any
attempt to meet and confer regarding the discovery failure and the possibility of filing a
dispositive motion. Most recently letters sent through the United States Postal Service
have been returned address changed with no forwarding address.
(Id. at 2).
Plaintiff did not comply with the Court’s Order by filing a Case Management Report, and it
appears that she has ceased to participate in this action altogether. Indeed, she has not filed anything

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

CV 17-01220-SJO (AS)

Date

Title

November 15, 2017

Erika Petty v. Philip L. Browning, et. al.,

since Defendant removed the case to this Court nine months ago, on February 15, 2017. Accordingly,
Plaintiff is ORDERED TO SHOW CAUSE, in writing, no later than December 5, 2017, why this
action should not be dismissed with prejudice for failure to prosecute.
If Plaintiff no longer wishes to pursue this action, she may request a voluntary dismissal
pursuant to Federal Rule of Civil Procedure 41(a). A notice of dismissal form is attached for
Plaintiff’s convenience. Plaintiff is warned that a failure to timely respond to this Order will
result in a recommendation that this action be dismissed with prejudice under Federal Rule of
Civil Procedure 41(b) for failure to prosecute and obey court orders.
IT IS SO ORDERED.

cc: S. James Otero
United States District Judge
Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

0
AF

: 00

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