BMW of North America, LLC et al v. Padova Wheels, Inc. et al

Filing 25

(IN CHAMBERS) ORDER TO SHOW CAUSE REGARDING DISMISSAL FOR LACK OF PROSECUTION by Judge Andre Birotte Jr. The Court, on its own motion, orders Plaintiff(s) to show cause, in writing, on or before October 19, 2016, why this action should not be dismis sed 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 Plaintiff(s) response. Failure to respond to this Order to Show Cause will be deemed consent to the dismissal of the action. (iv)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL

Case No.:

Title:

ED CV 16-01373-AB (RAOx)

Date:

October 5, 2016

BMW of North America, LLC et al v. Padova Wheels, Inc. et al

Present: The Honorable

ANDRÉ BIROTTE JR., United States District Judge

Carla Badirian

N/A

Deputy Clerk

Court Reporter

Attorney(s) Present for Plaintiff(s):

Attorney(s) Present for Defendant(s):

None Appearing

None Appearing

Proceedings:

[In Chambers] Order To Show Cause Regarding Dismissal for Lack of
Prosecution

Plaintiff(s) 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).
The Court, on its own motion, orders Plaintiff(s) to show cause, in writing, on or before October 19, 2016,
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 Plaintiff(s) response. Failure to respond
to this Order to Show Cause will be deemed consent to the dismissal of the action.
Plaintiff(s) obtained entry of default as to Defendant(s) Fabio Pettenuzzo, pursuant to
Fed. R. Civ. P. 55(a), but Plaintiff(s) have not sought default judgment, pursuant to Fed. R.
Civ. P. 55(b). Plaintiff(s) can satisfy this order by seeking default judgment or by
notifying the Court that default judgment will not be sought, at which point the clerk will
close this matter.

IT IS SO ORDERED.

CV-90 (12/02)

CIVIL MINUTES - GENERAL

Initials of Deputy Clerk CB