Joe Hand Promotions, Inc. v. Washington

Filing 14

ORDER to SHOW CAUSE signed by Judge Kimberly J. Mueller on 8/29/12 ORDERING plaintiff to show cause within 7 days of the issuance of this order, why this matter should not be dismissed with prejudice for failure to prosecute. (Meuleman, A)

1
2
3
4
5
6
7

IN THE UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF CALIFORNIA

9

JOE HAND PROMOTIONS, INC.,
Plaintiff,

10
11
12

No. CIV S-11-1213 KJM-CKD

vs.
CEDRIC MARVELL WASHINGTON, dba
Ced’s Sports Bar & Grill,

ORDER

13
Defendant.
/

14
15

The clerk entered default as to defendant on August 23, 2011 at plaintiff’s

16

request. (ECF 9.) On September 27, 2011, plaintiff filed an ex parte application for an order

17

vacating the pending status (pretrial scheduling) conference (ECF 10), which the court granted

18

on September 29, 2011 (ECF 11). This matter has remained stagnant since; plaintiff has not

19

filed a motion for default judgment and defendant has not appeared. Accordingly, plaintiff is

20

hereby ordered to show cause, within seven (7) days of the issuance of this order, why this

21

matter should not be dismissed with prejudice for failure to prosecute. Local Rule 110;

22

Chambers v. NASCO, Inc., 501 U.S. 32, 49 (1991) (“[A] federal district court has the inherent

23

power to dismiss a case sua sponte for failure to prosecute . . . .”).

24
25

IT IS SO ORDERED.
DATED: August 29, 2012.

UNITED STATES DISTRICT JUDGE

26
1