Joe Hand Productions, Inc. v. Westside Best, L.L.C.

Full title: JOE HAND PRODUCTIONS, INC., Plaintiff, v. WESTSIDE BEST, L.L.C., Defendant

Court: United States District Court, D. New Mexico

Date published: Aug 26, 2010

Civ. No. 10-0516 WJ/CG (D.N.M. Aug. 26, 2010)

Opinion

Civ. No. 10-0516 WJ/CG.

August 26, 2010

ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED

CARMEN GARZA, Magistrate Judge

THIS MATTER is before the Court sua sponte. Defendant was served on June 2, 2010, and its Answer was due by June 23, 2010. Returned Summons (Doc. 4). To date, no Answer has been filed and there has been no other activity in this case.

The inherent power of the Court to dismiss for lack of prosecution is well-established. AdvantEdge Bus. Grp. v. Thomas E. Mestmaker Assocs., Inc., 552 F.3d 1233, 1236 (10th Cir. 2009). Here, Defendant's deadline to answer has passed, but Plaintiff has failed to prosecute its claim.

IT IS THEREFORE ORDERED that within fourteen (14) days from the entry of this order, Plaintiff shall show cause why this case should not be dismissed without prejudice for failure to prosecute.

IT IS SO ORDERED.