Plumb v. Peterson et al
ORDER TO SHOW CAUSE by Judge Robert J. Bryan. Show Cause Response due by 4/13/2018. Paper copies sent to Plaintiff at Graham address via regular U.S. mail and certified mail. (TC)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
CASE NO. 2:17-cv-00419-RJB
ORDER TO SHOW CAUSE
M. PETERSON, et al.,
THIS MATTER comes before the Court on Defendants’ Motion to Dismiss Pursuant to
Fed. R. Civ. P. 41(b) and 16(f). Dkt. 18. Plaintiff has not the responded to the motion. The Court
has considered the motion and the remainder of the file herein.
On July 13, 2017, counsel to Plaintiff filed an Unopposed Motion to Withdraw as
Attorney. Dkt. 16. On August 16, 2017, the Court granted a motion to withdraw by Plaintiff’s
counsel. Dkt. 17. The Court ordered “Plaintiff Ross Plumb or the new counsel he retains . . . [to]
enter their appearance . . . by September 6, 2017.” Id. at 2. Despite an April 6, 2018 deadline for
a proposed pretrial order, Defendants represent, Plaintiff has made no effort to deliver a pretrial
statement to Defendants, which was due by March 20, 2018. See W.D.Wash. Local Court Rule
ORDER TO SHOW CAUSE - 1
W.D.Wash. Local Court Rule 41(1) provides:
Any case that has been pending in this court for more than nine months without any
proceeding of record having been taken may be dismissed by the court on its own motion for
lack of prosecution. The plaintiff in any such action will be given an opportunity to show
cause in writing, or at the court's election in open court, why the case should not be
dismissed. . .
April 13, 2018 will mark nine months since Plaintiff or his representative last filed
pleadings in this case. Plaintiff’s Response to Defendants’ motion was due Monday, April 9,
2018. W.D.Wash. Local Court Rule 7(d). Plaintiff did not respond to Defendants’ motion or to
the Order requiring the filing of a proposed pretrial order. A Pretrial Conference is also set for
April 13, 2018 at 8:30am. Dkt. 14.
In accordance with W.D.Wash. Local Court Rule 41(1), Plaintiff should be given a
limited opportunity, until Friday, April 13, 2018, at 8:30am to show cause why this case should
not be dismissed for lack of prosecution. The failure to respond to this Order will result in
It is HEREBY ORDERED:
By Friday, April 13, 2018, at 8:30am, Plaintiff shall show cause why this case should
not be dismissed for lack of prosecution.
The Clerk shall expedite mailing of this Order to Plaintiff.
The Clerk is directed to send uncertified copies of this Order to all counsel of record and
to any party appearing pro se at said party’s last known address.
Dated this 10th day of April, 2018.
ROBERT J. BRYAN
United States District Judge
ORDER TO SHOW CAUSE - 2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?