Hermozo Textile, LLC v. Shaoxing Minghong Co., Ltd. et al

Filing 19

ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Stanley Blumenfeld, Jr.: Plaintiff is ordered to show cause, in writing, no later than December 5, 2022, why this action should not be dismissed for lack of prosecution. SEE ORDER FOR DETAILS. (jgr)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

HERMOZO TEXTILE, LLC

Case No. 2:22-cv-06623-SB-JC

Plaintiff,
ORDER TO SHOW CAUSE RE:
DISMISSAL FOR LACK OF
PROSECUTION

v.
SHAOXING MINGHONG CO., LTD.
et al.
Defendants.

In September 2022, the Court authorized the issuance of process of maritime
attachment and garnishment under Supplemental Rule B of the Federal Rules of
Civil Procedure in this case. Dkt. Nos. 13, 16. The United States Marshals
Service filed a receipt indicating that they served a process of attachment and
garnishment on garnishee Solex Logistics, Inc. on October 20, 2022. Dkt. No. 18.
Plaintiff filed proof it served garnishee on September 27, 2022. Dkt. No. 17.
Pursuant to Supplemental Rule B, a garnishee has 21 days to answer a complaint
after service and a defendant shall answer within 30 days after attachment or
service on a garnishee. Fed. R. Civ. P. Supp. R. B(3). That time has elapsed, no
responsive pleading has been filed, and Plaintiff has not sought entry of default or
default judgment. Plaintiff is ordered to show cause, in writing, no later than
December 5, 2022, why this action should not be dismissed for lack of prosecution.
The Court will consider as an appropriate response to this Order to Show Cause the
filing, on or before the above date, of an application for entry of default. 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.
Upon receipt of the remedy mentioned above, this Order to Show Cause will
be automatically discharged without further order. Failure to respond to the Order
to Show Cause will result in the dismissal without prejudice of the action in its
entirety.
IT IS SO ORDERED
Date: November 21, 2022

___________________________
Stanley Blumenfeld, Jr.
United States District Judge
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