Marketing Solutions International et al v. Five Star Resorts Travel LLC

Filing 6

ORDER TO SHOW CAUSE directing plaintiff to respond within 10 days by Judge Ricardo S Martinez. (RS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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MARKETING SOLUTIONS
INTERNATIONAL,

Case No. C17-435RSM
ORDER TO SHOW CAUSE

Plaintiff,
v.
FIVE STAR RESORTS TRAVEL LLC,

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Defendant.

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This matter comes before the Court sua sponte. According to the Complaint in this

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case, Plaintiff Marketing Solutions International is a “corporation” represented by its owner,

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Mr. Mark William Daigle. See Dkt. #5 at 1. Plaintiff has filed materials with the Court

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indicating that Defendant was served by mail rather than through in-person service. Dkt #4.
Defendant has failed to make an appearance.

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According to this Court's Local Rules, “[a] business entity, except a sole proprietorship,

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must be represented by counsel.” LCR 83.2(b)(3). Failure to be represented by an attorney

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admitted to practice before this court “may result in the dismissal of the business entity’s
claims for failure to prosecute...” Id.

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It appears from the record that Plaintiff Marketing Solutions International is not a sole

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proprietorship and therefore must be represented by counsel. Further, the Court is concerned

ORDER TO SHOW CAUSE - 1

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by the lack of activity in this matter and questions whether Defendant has been properly served.

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Accordingly, the Court now issues an Order to Show Cause why this case should not be

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dismissed for failure to prosecute. The Court will dismiss this case for failure to prosecute

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unless Plaintiff convinces the Court that it is a sole proprietorship or Plaintiff promptly obtains

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counsel.
In Response to this Order, Plaintiff must write a short statement telling the Court: (1)

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whether Marketing Solutions International is a sole proprietorship or if it plans to promptly

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obtain counsel; (2) why Plaintiff’s method of service by mail was proper; and (3) the current

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status of Plaintiff’s prosecution of this case.
Plaintiff shall file a Response to this Order to Show Cause containing the detail

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described above no later than ten (10) days from the date of this Order. Plaintiff is permitted

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to respond to this Order via representative Mark Daigle. This Response is not to exceed five

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(5) pages. Failure to respond could result in dismissal of this case.

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DATED this 7 day of June, 2017.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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ORDER TO SHOW CAUSE - 2