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)

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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

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