Opinion
8:24-cv-00224-CJC-ADS
04-12-2024
Brandon Fields v. Nationwide Recovery Systems, Ltd. et al
Present: The Honorable CORMAC J. CARNEY, UNITED STATES DISTRICT JUDGE
CIVIL MINUTES - GENERAL
Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION AS TO DEFENDANT NATIONWIDE RECOVERY SYSTEMS, LTD.
It is a plaintiffs responsibility to prosecute its case diligently. That includes, where applicable, promptly (a) filing stipulations extending a defendant's time to respond to the complaint, (b) pursuing default and remedies under Federal Rule of Civil Procedure 55 when a defendant fails to timely respond to the complaint, or (c) dismissing a case the plaintiff has chosen not to pursue for any reason.
Here, the parties filed a stipulation for extension of time to file response as to complaint, yet the deadline for Defendant Nationwide Recovery Systems, Ltd. to respond to the Complaint has passed and Plaintiff has taken no action. Accordingly, the Court, on its own motion, hereby ORDERS Plaintiff to show cause in writing, no later than April 16, 2024 why this defendant should not be dismissed for lack of prosecution. As an alternative to a written response by Plaintiff, the Court will consider as an appropriate response to this OSC the filing of one of the following on or before the above Dated:
1. Plaintiff's Request for Entry of Default as to the Defendant or Defendant's Answer;
2. A stipulation extending the Defendant's time to respond to the Complaint that complies with Local Rule 8.3, or
3. A Notice of Voluntary Dismissal (Fed. R. Civ. P. 41) as to the Defendant.
No oral argument will be heard on this matter unless ordered by the Court. The Order will stand submitted upon the filing of a timely and appropriate response. Failure to file a timely and appropriate response to this Order may result in dismissal.