Board of Trustees of the Kern County Electrical Pension Fund et al v. Burgoni, et al

Filing 62

ORDER to SHOW CAUSE signed by Magistrate Judge Jennifer L. Thurston on 4/16/2012. Show Cause Response due by 4/30/2012. (Leon-Guerrero, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Case No.: 1:08-cv-00498 LJO JLT
BOARD OF TRUSTEES OF THE KERN
COUNTY ELECTRICAL PENSION FUND,
et al.,

ORDER TO SHOW CAUSE WHY ACTION
SHOULD NOT BE DISMISSED FOR
FAILURE TO PROSECUTE

Plaintiffs,

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v.

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CHRISTOPHER BURGONI, et al.,
Defendants.

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Plaintiff has sued an individual, Christopher Burgoni, and two corporations; Tadoc

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Enterprises and Fulce Enterprises. (Doc. 36).

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defendants’ answer and directed the Court Clerk to enter default against defendants based upon

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their failure to comply with the Court’s orders. (Doc. 60). The Clerk’s Entry of Default was

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On December 21, 2011, the Court struck

issued the same day in accordance with the District Judge’s order. (Doc. 61). Over 90 days have

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passed since the entry of default and Plaintiffs have failed to take any action to obtain a default
judgment against defendants.

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“District courts have inherent power to control their dockets,” and in exercising that

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power, a court may impose sanctions including dismissal of an action. Thompson v. Housing

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Authority of Los Angeles, 782 F.2d 829, 831 (9th Cir. 1986). A court may dismiss an action with

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prejudice, based on a party’s failure to prosecute an action or failure to obey a court order, or

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failure to comply with local rules. See, e.g. Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir.

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1992) (dismissal for failure to comply with an order requiring amendment of complaint); Malone
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v. U.S. Postal Service, 833 F.2d 128, 130 (9th Cir. 1987) (dismissal for failure to comply with a

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court order); Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986) (dismissal for failure to

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prosecute and to comply with local rules).

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Accordingly, Plaintiff is ORDERED to show cause within 14 days of the date of service
of this Order why the action should not be dismissed for their failure to prosecute the matter.

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Alternatively, if Plaintiff intends to pursue default judgment against Defendants, Plaintiff

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is ordered to file an application for default judgment with this Court within fourteen days of the
date of service of this Order.

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IT IS SO ORDERED.

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Dated:
DEAC_Signature-END:

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April 16, 2012

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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