Opinion
21-CV-6414 (VEC)
11-12-2021
JUAN CARLOS MARTINEZ, individually and on behalf of others similarly situated, Plaintiff, v. MEGA MUFFLER CENTER, CORP., d/b/a MEGA MUFFLER AUTO REPAIR; NELSON RODRIGUEZ, Defendants.
ORDER
VALERIE CAPRONI, United States District Judge.
WHEREAS Plaintiff filed this lawsuit on July 28, 2021, see Dkt. 1;
WHEREAS Plaintiff has not yet served Defendant Nelson Rodriguez;
WHEREAS on October 5, 2021, Plaintiff filed an affidavit reflecting timely service of a summons and the Complaint on Defendant Mega Muffler Center, Corp. on September 28, 2021, see Dkt. 7;
WHEREAS Mega Muffler Center, Corp. has failed to appear, answer, or otherwise respond to the Complaint by the October 19, 2021 deadline to do so, see Fed.R.Civ.P. 12(a)(1); and
WHEREAS Plaintiff has not applied for a certificate of default against Mega Muffler Center, Corp.;
IT IS HEREBY ORDERED that no later than November 26, 2021, Plaintiff must show cause why this case should not be dismissed with prejudice for failure to prosecute under Fed.R.Civ.P. 41(b).
SO ORDERED.