Lisa Misraje Bentley v. James Randall Argue et al

Filing 48

ORDER TO SHOW CAUSE RE. LACK OF PROSECUTION by Judge Otis D. Wright, II.The Court therefore ORDERS Plaintiff to SHOW CAUSE in writing by Monday, February 10, 2014, why she has not moved for entry of default with the Clerk of Court. No hearing will be held.The Court also reminds Bentley that she must refile her default-judgment motions that the Court struck on February 4, 2014, to comply with the Courts January 27, 2014 Order to Show Cause. (See ECF Nos. 4347.) Bentley must notice a hearing date for the motions when she refiles them. See C.D. Cal. L.R. 6-1. (lc). Modified on 2/6/2014. (lc).

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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LISA MISRAJE BENTLEY,

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v.

Plaintiff,

Case No. 5:13-cv-00950-ODW(OPx)
ORDER TO SHOW CAUSE RE.
LACK OF PROSECUTION

JAMES RANDALL ARGUE; DAVID
BRADSHAW; RALPH LINHARDT;
MICHAEL H. RAMSEY; JACK ONG;
JOHN DAVID WARE; DOES 1–10,
inclusive,
Defendants.

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On January 15, 2014, Plaintiff served Defendant Jack Ong, thereby making

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Ong’s answer or other response due by February 5, 2014. (ECF No. 33); Fed. R. Civ.

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P. 12(a)(1)(A)(i). As of the date of this Order, the Court has received no response

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from Ong. The Court therefore ORDERS Plaintiff to SHOW CAUSE in writing by

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Monday, February 10, 2014, why she has not moved for entry of default with the

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Clerk of Court. No hearing will be held.

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The Court notes that this is the seventh Order to Show Cause that the Court has

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had to issue in this case. It is not the Court’s responsibility to prosecute Bentley’s

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action for her. Continued failure to timely prosecute will result in dismissal. See Link

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v. Wabash R. Co., 370 U.S. 626, 629 (1962) (“The authority of a federal trial court to

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dismiss a plaintiff’s action with prejudice because of his failure to prosecute cannot

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seriously be doubted.”).

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The Court also reminds Bentley that she must refile her default-judgment

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motions that the Court struck on February 4, 2014, to comply with the Court’s January

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27, 2014 Order to Show Cause. (See ECF Nos. 43–47.) Bentley must notice a

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hearing date for the motions when she refiles them. See C.D. Cal. L.R. 6-1.

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IT IS SO ORDERED.

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February 6, 2014

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____________________________________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE

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