Francisco Xavier Carbajal v. Food Services et al

Filing 13

(IN CHAMBERS): ORDER TO SHOW CAUSE RE LACK OF PROSECUTION by Magistrate Judge Alka Sagar.Plaintiff is ORDERED TO SHOW CAUSE, in writing, no later than October 30, 2020, why this action should not be dismissed with prejudice for failure to prosecute. (see document for further details) (Attachments: # 1 Copy of the Court's August 25, 2020 Order, (Dkt No. 11), # 2 Blank Notice of Dismissal Form) (hr)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
No.

EDCV 20-01029-PA (AS)

Title

Francisco Xavier Carbajal v. Food Services, et. al.,

Present: The Honorable

Date

October 15, 2020

Alka Sagar, United States Magistrate Judge

Alma Felix

Not reported

Deputy Clerk

Court Reporter / Recorder

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not present

Not present

Proceedings (In Chambers):

ORDER TO SHOW CAUSE RE LACK OF
PROSECUTION

On August 25, 2020, the Court issued an Order dismissing the First Amended Complaint
in this action with leave to amend and directed Plaintiff to file a Second Amended Complaint
no later than thirty days, or September 25, 2020, if he still wished to pursue this action. (Dkt. No.
11). Plaintiff was “explicitly cautioned that failure to timely file a Second Amended Complaint
may result in a recommendation that this action, or portions thereof, be dismissed with prejudice
for failure to prosecute and/or failure to comply with court orders. See Fed. R. Civ. P. 41(b).”
Id., at 19.
To date, Plaintiff has failed to file a Second Amended Complaint or seek additional time
to do. Accordingly, Plaintiff is ORDERED TO SHOW CAUSE, in writing, no later than
October 30, 2020, why this action should not be dismissed with prejudice for failure to prosecute.
This Order will be discharged upon the filing of a Second Amended Complaint that complies
with the Court’s previous orders or upon the filing of a declaration under penalty of perjury stating
why Plaintiff is unable to file a Second Amended Complaint. A copy of the Court’s August 25,
2020 Order, (Dkt No. 11), is attached for Plaintiff’s convenience.
If Plaintiff no longer wishes to pursue this action, he may request a voluntary dismissal
pursuant to Federal Rule of Civil Procedure 41(a)(1). A notice of dismissal form is attached for

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CIVIL MINUTES - GENERAL

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
No.

EDCV 20-01029-PA (AS)

Date

Title

October 15, 2020

Francisco Xavier Carbajal v. Food Services, et. al.,

Plaintiff’s convenience. Plaintiff is warned that a failure to timely respond to this Order will
result in a recommendation that this action be dismissed with prejudice under Federal Rule of
Civil Procedure 41(b) for failure to prosecute and obey court orders.
IT IS SO ORDERED.
cc:

Percy Anderson, United States District Judge

0
Initials of Preparer

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AF

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