Marketing Solutions International et al v. Five Star Resorts Travel LLC
ORDER TO SHOW CAUSE directing plaintiff to respond within 10 days by Judge Ricardo S Martinez. (RS)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
Case No. C17-435RSM
ORDER TO SHOW CAUSE
FIVE STAR RESORTS TRAVEL LLC,
This matter comes before the Court sua sponte. According to the Complaint in this
case, Plaintiff Marketing Solutions International is a “corporation” represented by its owner,
Mr. Mark William Daigle. See Dkt. #5 at 1. Plaintiff has filed materials with the Court
indicating that Defendant was served by mail rather than through in-person service. Dkt #4.
Defendant has failed to make an appearance.
According to this Court's Local Rules, “[a] business entity, except a sole proprietorship,
must be represented by counsel.” LCR 83.2(b)(3). Failure to be represented by an attorney
admitted to practice before this court “may result in the dismissal of the business entity’s
claims for failure to prosecute...” Id.
It appears from the record that Plaintiff Marketing Solutions International is not a sole
proprietorship and therefore must be represented by counsel. Further, the Court is concerned
ORDER TO SHOW CAUSE - 1
by the lack of activity in this matter and questions whether Defendant has been properly served.
Accordingly, the Court now issues an Order to Show Cause why this case should not be
dismissed for failure to prosecute. The Court will dismiss this case for failure to prosecute
unless Plaintiff convinces the Court that it is a sole proprietorship or Plaintiff promptly obtains
In Response to this Order, Plaintiff must write a short statement telling the Court: (1)
whether Marketing Solutions International is a sole proprietorship or if it plans to promptly
obtain counsel; (2) why Plaintiff’s method of service by mail was proper; and (3) the current
status of Plaintiff’s prosecution of this case.
Plaintiff shall file a Response to this Order to Show Cause containing the detail
described above no later than ten (10) days from the date of this Order. Plaintiff is permitted
to respond to this Order via representative Mark Daigle. This Response is not to exceed five
(5) pages. Failure to respond could result in dismissal of this case.
DATED this 7 day of June, 2017.
RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE
ORDER TO SHOW CAUSE - 2
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