Hugo Esqueda v. 99 Cents Only Stores LLC et al

Filing 14

(IN CHAMBERS) FURTHER ORDER TO SHOW CAUSE RE: DISMISSAL RE: LACK OF PROSECUTION by Judge Fernando M. Olguin. Response to Order to Show Cause due by 2/21/2018. (vdr)

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. CV 17-7673 FMO (JCx) Title Hugo Esqueda v. 99 Cents Only Stores, LLC, et al. Present: The Honorable Date February 14, 2018 Fernando M. Olguin, United States District Judge Vanessa Figueroa None Present Deputy Clerk Court Reporter / Recorder Attorneys Present for Plaintiffs: Attorneys Present for Defendants: None Present None Present Proceedings: (In Chambers) Further Order to Show Cause Re: Dismissal Re: Lack of Prosecution On January, 30, 2018, the court issued a Further Order to Show Cause Re: Dismissal Re: Lack of Prosecution. (See Dkt. 11, Court’s Order of January 30, 2018). The Order required a timely response, which could take the form of either an answer by defendants or plaintiff’s application for entry of default judgment pursuant to Fed. R. Civ. P. 55(a). (See id.). On February 6, 2018, plaintiff filed his application for entry of default judgment. (See Dkt. 12, Request for Clerk to Enter Default Against Defendant 99 Cents Only Stores, LLC). On February 7, 2018, the Clerk notified plaintiff that his application was deficient. (See Dkt. 13, Notice of Deficiency/Default Judgment). Plaintiff has yet to take any action with respect to the Notice of Deficiency. (See, generally, Dkt.). Accordingly, IT IS ORDERED THAT plaintiff shall show cause in writing on or before February 21, 2018, why this action should not be dismissed for lack of prosecution. Pursuant to Fed. R. Civ. P. 78(b), 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, if plaintiff/defendant files # An answer by the following defendant(s): ALL DEFENDANTS # Plaintiff’s application for entry of default pursuant to Fed. R. Civ. P. 55(a): ALL DEFENDANTS on or before the date indicated above, the court will consider this a satisfactory response to the Order to Show Cause. Failure to file a timely response to this Order to Show Cause may result in this action being dismissed without prejudice for failure to prosecute and/or failure to comply with a court order. 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). 00 Initials of Preparer CV-90 (10/08) CIVIL MINUTES - GENERAL : 00 vdr Page 1 of 1

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