Dennis Cooper v. Rosalinda Hill et al

Filing 24

(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 April 9, 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)

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES— GENERAL Case No. Title 5:23-cv-01056-SSS-DTBx Date March 26, 2024 Dennis Cooper v. Rosalinda Hill, 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 October 30, 2023, Plaintiff requested the entry of default with respect to the applicable Defendant(s), and the Clerk entered default on October 31, 2023. [Dkt. 14, 15]. 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 January 16, 2024. [Dkt. 20]. 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 April 9, 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 Page 1 of 2 CIVIL MINUTES—GENERAL Initials of Deputy Clerk iv 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 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

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