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)

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).
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Initials of Preparer
CV-90 (10/08)

CIVIL MINUTES - GENERAL

:

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vdr
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