Moises Villalobos v. Kenneth Paul Rozelle et al

Filing 25

(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 willbe 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. (shb)

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

5:23-cv-01873-SSS-SHKx

Date May 10, 2024

Moises Villalobos v. Kenneth Paul Rozelle, 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 March 25, 2024, Plaintiff
requested the entry of default with respect to the applicable Defendant(s) [Dkt. 22],
and the Clerk entered default on March 26, 2024 [Dkt. 23].
Fed. R. Civ. Proc. 55(a).
The defaulted Defendant(s) have not moved to set aside the default nor
otherwise responded in this action. However, Plaintiff has not moved 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 will
be discharged if Plaintiff files, before the deadline set forth above, a motion for the
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entry of default judgment with respect to the applicable Defendant(s).
Fed. R. Civ. Proc. 55(b).
IT IS SO ORDERED.

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