Ignacio Vera v. Odilia N. Smith et al
MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE by Judge Michael W. Fitzgerald. As such, Plaintiff is ORDERED TO SHOW CAUSE ("OSC"), in writing, by no later than November 27, 2023, why this action should not be dismissed for failure to state a claim for relief under Federal Rule 12(b)(6) and/or failure to prosecute under Federal Rule 41(b). (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm)
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
Case No. CV 22-00011-MWF (KSx)
Ignacio Vera v. Odilia N. Smith, et al.
Date: November 13, 2023
Present: The Honorable MICHAEL W. FITZGERALD, U.S. District Judge
Attorneys Present for Plaintiff:
Attorneys Present for Defendant:
Proceedings (IN CHAMBERS): ORDER TO SHOW CAUSE
On April 18, 2022, Plaintiff Ignacio Vera filed a Motion for Default Judgment
against Defendant Odilia N. Smith. (Docket No. 19). On May 11, 2022, the Court
denied the Motion, concluding that Plaintiff failed to plead factual allegations
sufficient to state a plausible claim under the Americans with Disabilities Act. (Docket
No. 21). There has been no further activity in this action since the Court denied the
As such, Plaintiff is ORDERED TO SHOW CAUSE (“OSC”), in writing, by
no later than November 27, 2023, why this action should not be dismissed for failure
to state a claim for relief under Federal Rule 12(b)(6) and/or failure to prosecute under
Federal Rule 41(b). See Reed v. Lieurance, 863 F.3d 1196, 1207 (9th Cir. 2017) (“A
trial court may dismiss a claim sua sponte under Rule 12(b)(6)[.]”) (citations omitted);
see also Link v. Wabash R. Co., 370 U.S. 626, 633 (1962) (“[A] District Court may
dismiss a complaint for failure to prosecute[.]”).
Plaintiff is warned that failure to respond to the OSC by November 27, 2023,
will result in dismissal of this action. No oral argument on this matter will be heard
unless otherwise ordered by the Court. See Fed. R. Civ. P. 78; Local Rule 7-15.
IT IS SO ORDERED.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?