Farran Elder et al v. Walmart Inc.
Filing
15
(IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Magistrate Judge Steve Kim. The Court, on its own motion, orders Plaintiffs to show cause, in writing, on or before November 22, 2022, why this action should not be dismissed for lack of prosecution. (see document for further details) (hr)
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No.
CV 22-07094-SK
Date: November 8, 2022
Title
Farran Elder et al v. Walmart Inc.
Present: The Honorable: Steve Kim, United States Magistrate Judge
Connie Chung
Deputy Clerk
n/a
Court Reporter / Recorder
Attorneys Present for Plaintiff(s):
Attorneys Present for Defendant(s):
None present
None present
Proceedings:
(IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL
FOR LACK OF PROSECUTION
Plaintiffs are ORDERED to show cause why this case should not be dismissed for
lack of prosecution. Link v. Wabash R. Co., 370 U.S. 626 (1962) (Court has inherent
power to dismiss for lack of prosecution on its own motion).
In the present case, it appears that the below time period has not been met.
Accordingly, the Court, on its own motion, orders Plaintiffs to show cause, in writing, on
or before November 22, 2022, why this action should not be dismissed for lack of
prosecution. Pursuant to Rule 78 of the Federal Rules of Civil Procedure, 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 Plaintiffs’ response. Failure to
respond to this Order to Show Cause will be deemed consent to the dismissal of the
action.
□
Defendant Walmart Inc. did not answer the complaint, yet Plaintiffs have
failed to request entry of default, pursuant to Fed. R. Civ. P. 55(a).
Plaintiffs can satisfy this order by seeking entry of default or by dismissing
the complaint.
IT IS SO ORDERED.
CV-90 (03/15)
Civil Minutes – General
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