Control Solutions, Inc. v. USA, et al,

Filing 9

ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 02/06/24 VACATING the Initial Status Conference set for 02/07/24 and DIRECTING the Plaintiff to Show Cause, in writing, no later than 02/16/24, why this action should not be dismissed for failure to prosecute. (Licea Chavez, V)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF CALIFORNIA

9
10

CONTROL SOLUTIONS, INC.,

11
12
13
14

No. 2:23-cv-01640 DAD AC

Plaintiff,
v.

ORDER TO SHOW CAUSE

UNITED STATES OF AMERICA, et al.,
Defendants.

15
16

Plaintiff, appearing by counsel, filed a complaint on August 9, 2023. ECF No. 1. On

17

August 10, 2023, an order was issued requiring the plaintiff to serve a copy of the scheduling

18

order and complete service of process within 90 days of filing the complaint. ECF No. 3 at 2.

19

Plaintiff was cautioned that failure to complete service within 90 days may result in dismissal

20

pursuant to Fed. R. Civ. P. 40(m). Id. An amended complaint was filed August 11, 2023. ECF

21

No. 4. The deadline for service has passed, and no certificate of service has been filed. On

22

August 28, 2023, the District Judge assigned to this case referred the initial status conference to

23

the undersigned. ECF No. 5. A status conference was set for February 7, 2024. ECF Nos. 6, 8.

24

A scheduling report was due January 24, 2024. Id. No report was filed, there is no indication that

25

defendants have been served, and defendants have not appeared. Plaintiff has taken no action

26

whatsoever in this case for nearly six months.

27
28

Local Rule 110 provides that failure to comply with court orders or the Local Rules “may
be grounds for imposition of any and all sanctions authorized by statute or Rule or within the
1

1

inherent power of the Court.” Plaintiff has failed to follow court orders and the undersigned is

2

concerned that plaintiff has abandoned this case.

3
4
5
6
7
8
9
10
11
12

Accordingly, IT IS HEREBY ORDERED that:
1. The initial status conference set for February 7, 2024 is VACATED to be re-set as
necessary;
2. Plaintiff is Ordered to Show Cause, in writing, no later than February 16, 2024, why this
action should not be dismissed for failure to prosecute;
3. Plaintiff’s filing of a proof of service upon defendant will be deemed good cause shown;
and
4. If plaintiff fails to comply with this order, the undersigned will recommend that this case
be dismissed without prejudice for failure to prosecute.
DATED: February 6, 2024

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2