Ignacio Vera v. Odilia N. Smith et al

Filing 22

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
CIVIL MINUTES—GENERAL
Case No. CV 22-00011-MWF (KSx)
Title:
Ignacio Vera v. Odilia N. Smith, et al.

Date: November 13, 2023

Present: The Honorable MICHAEL W. FITZGERALD, U.S. District Judge
Deputy Clerk:
Rita Sanchez

Court Reporter:
Not Reported

Attorneys Present for Plaintiff:
None Present

Attorneys Present for Defendant:
None Present

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
Motion.
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.

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CIVIL MINUTES—GENERAL
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