Zeltiq Aesthetics, Inc. v. Sun Serenity Spa et al

Filing 21

ORDER to SHOW CAUSE, signed by District Judge Dale A. Drozd on 5/24/2016. (Within fourteen (14) days of service of this order, plaintiff must respond in writing showing cause as to why this matter should not be dismissed for failure to prosecute.)(Gaumnitz, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ZELTIQ AESTHETICS, INC.,

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No. 1:15-cv-01204-DAD-SMS

Plaintiff,
v.

ORDER TO SHOW CAUSE

SUN SERENITY SPA and JACQUIE
PEREZ,
Defendants.
On October 28, 2015, plaintiff filed a motion for default judgment on its claims for

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trademark infringement, false advertising, and unfair competition under the Lanham Act, 15

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U.S.C. §§ 1051 et seq., and unfair competition under California Business & Professions Code

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§ 17200. (Doc. No. 13.) On February 12, 2016, plaintiff’s motion was denied without prejudice

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after the undersigned and the magistrate judge to whom the matter was referred determined

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plaintiff had failed to set forth sufficient facts demonstrating irreparable harm. (Doc. No. 20.)

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More than ninety days have elapsed since that order was issued. No further motions have been

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filed by plaintiff, and no further hearings or deadlines are currently scheduled in the case.

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Therefore, the court now issues this order to show cause as to why the matter should not be

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dismissed in its entirety for failure to prosecute. See Hernandez v. City of El Monte, 138 F.3d

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393, 400 (9th Cir. 1998) (“The district court has the inherent power sua sponte to dismiss a case

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for lack of prosecution.”) (quoting Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir. 1986)).
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Therefore, within fourteen (14) days of service of this order, plaintiff must respond in

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writing showing cause as to why this matter should not be dismissed for failure to prosecute.

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This writing must include a reasonable date by which plaintiff intends to file any further motions

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for entry of default judgment. The undersigned reminds plaintiff any such motions must be fully

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supported, as outlined in this court’s prior orders. Failure to respond to this order to show cause

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or to establish a reasonable date by which plaintiff will file any subsequent motions for entry of

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default judgment may result in this case being dismissed for failure to prosecute.

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IT IS SO ORDERED.

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Dated:

May 24, 2016
UNITED STATES DISTRICT JUDGE

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