Korttney Elliott v. Rita C. Hansen et al

Filing 26

(IN CHAMBERS) Order to Show Cause re Dismissal for Lack of Prosecution by Judge Sunshine Suzanne Sykes. The Court, on its own motion, hereby orders Plaintiff to show cause in writing on or before May 24, 2024, why this action should not be dismissed, with respect to each defaulted Defendant. Pursuant to Rule 78 of the Federal Rules of Civil Procedure, the Court finds that this matter is appropriate for submission without oral argument. This Order to Show Cause will be discharged if Plaintiff files, before the deadline set forth above, a motionfor the entry of default judgment with respect to the applicable Defendant(s).Fed. R. Civ. Proc. 55(b). IT IS SO ORDERED. (shb)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—
GENERAL
Case No.
Title

5:23-cv-00386-SSS-DTBx

Date May 10, 2024

Korttney Elliott v. Rita C. Hansen, et al.

Present: The Honorable

SUNSHINE S. SYKES, UNITED STATES DISTRICT JUDGE

Irene Vazquez

Not Reported

Deputy Clerk

Court Reporter

Attorney(s) Present for Plaintiff(s):

Attorney(s) Present for Defendant(s):

None Present

None Present

Proceedings: (IN CHAMBERS) Order to Show Cause re Dismissal for
Lack of Prosecution
Generally, each Defendant must answer or otherwise respond to the
complaint within 21 days after service (60 days if the Defendant is the United
States). Fed. R. Civ. Proc. 12(a)(1).
In the present case, it appears that Plaintiff served the summons and
complaint on one or more Defendants, but such Defendant(s) did not file an answer
or otherwise respond to the complaint. Consequently, on May 24, 2023, Plaintiff
requested the entry of default with respect to the applicable Defendant(s), and the
Clerk entered default on May 25, 2023. [Dkt. 13]. Fed. R. Civ. Proc. 55(a).
The defaulted Defendant(s) have not moved to set aside the default nor
otherwise responded in this action. Plaintiff moved for the entry of default
judgment, but that motion was denied without prejudice on September 11, 2023.
[Dkt. 22]. Plaintiff has not subsequently filed a corrected or renewed motion for
the entry of default judgment. Accordingly, the Court, on its own motion, hereby
orders Plaintiff to show cause in writing on or before May 24, 2024, why this
action should not be dismissed, with respect to each defaulted Defendant. Pursuant
to Rule 78 of the Federal Rules of Civil Procedure, the Court finds that this matter
is appropriate for submission without oral argument. This Order to Show Cause
Page 1 of 2

CIVIL MINUTES—GENERAL

Initials of Deputy Clerk iv

will be discharged if Plaintiff files, before the deadline set forth above, a motion
for the entry of default judgment with respect to the applicable Defendant(s).
Fed. R. Civ. Proc. 55(b).
IT IS SO ORDERED.

Page 2 of 2

CIVIL MINUTES—GENERAL

Initials of Deputy Clerk iv