Mushegh Sargsyan et al v. FCA US, LLC

Filing 22

ORDER to SHOW CAUSE, signed by Magistrate Judge Helena M. Barch-Kuchta on 1/17/2023. (Fourteen Day Deadline) (Apodaca, P)

Case 1:22-cv-00129-JLT-HBK Document 22 Filed 01/17/23 Page 1 of 3
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MUSHEGH SARGSYAN, MARIAM
NERKARARYAN,

ORDER TO SHOW CAUSE
Plaintiffs,

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Case No. 1:22-cv-00129-JLT-HBK

v.

FOURTEEN-DAY DEADLINE

FCA US, LLC,
Defendant.

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This matter comes before the Court upon periodic review of the file. Plaintiffs initiated

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this action in the United States District Court for the Central District of California on January 10,

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2022. (Doc. No. 1). The Central District Court transferred the case to this Court on February 1,

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2022. (Doc. No. 13). On February 2, 2022, this Court issued New Case Documents and set this

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case for a mandatory Initial Scheduling Conference. (Doc. No. 14). On September 14, 2022, the

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Court, noting that service had not yet been effectuated upon Defendant, sua sponte cancelled the

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mandatory Initial Scheduling Conference. (Doc. No. 19). On September 15, 2022, Plaintiffs filed

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Proof of Service of Summons which reflect service was effectuated on Defendant FCA US, LLC

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on September 15, 2022. (Doc. No. 21). Defendant’s response to the complaint was due within 21

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days. Fed. R. Civ. P. 12 (a)(1)(A)(i).

Case 1:22-cv-00129-JLT-HBK Document 22 Filed 01/17/23 Page 2 of 3
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As of the date of this order, Defendant FCA US, LLC has not filed a response to the

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Complaint and the time to do so has expired. Plaintiffs again have failed to undertake their duty

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to prosecute this action. More specifically, Plaintiffs have not moved for a clerk’s default. See

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Fed. R. Civ. P. 55. A case cannot linger indefinitely on the Court’s docket. A litigant has a duty

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to diligently prosecute an action, and the court, likewise, has an interest in ensuring that cases do

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not sit idle and burden it already over congested docket. See Fed. R. Civ. P. 1 (envisioning the

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“just, speedy, and inexpensive” determinations of federal cases).

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Federal Rule of Civil Procedure 41(b) permits the court to involuntarily dismiss an action
when a litigant fails to prosecute an action. See Fed. R. Civ. P. 41(b); see Applied Underwriters

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v. Lichtenegger, 913 F.3d 884, 889 (9th Cir. 2019) (citations omitted); Hells Canyon Pres.

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Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005) (“[T]he consensus among our

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sister circuits, with which we agree, is that courts may dismiss under Rule 41(b) sua sponte, at

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least under certain circumstances.”). Local Rule 110 similarly permits the court to impose

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sanctions on a party who fails to comply with the court’s Rules or any order of court. Precedent

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supports a dismissal of a case when a litigant fails to prosecute an action. Link v. Wabash R. Co.,

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370 U.S. 626, 629 (1962) (“The authority of a federal trial court to dismiss a plaintiff’s action

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with prejudice because of his failure to prosecute cannot seriously be doubted.”); Chambers v.

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NASCO, Inc., 501 U.S. 32 (1991); Ash v. Cvetkov, 739 F.2d 493, 497 (9th Cir. 1984) (“A

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relatively brief period of delay is sufficient to justify the district court’s sending a litigant to the

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back of the line.”); Reyes v. Kaiser Permanente Foundation Hospital, 2021 WL 5417603 (E.D.

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Cal. 2021).

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Accordingly, it is ORDERED:

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Plaintiffs shall show good cause why this action should not be dismissed under Rule 41(b)

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and Local Rule 110 within fourteen (14) days from the date on this Order. Plaintiffs’ failure to

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timely respond to this Order will result in the undersigned recommending the district court

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dismiss this case without further notice. In the alternative, Plaintiffs may file a Rule 41(a) notice
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Case 1:22-cv-00129-JLT-HBK Document 22 Filed 01/17/23 Page 3 of 3
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if they wish to voluntarily dismiss this action since Defendant has not filed an answer or motion

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for summary judgment.

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Dated:

January 17, 2023
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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