Opinion
8:22-cv-01549-CJC-KES
11-22-2022
National Western Life Insurance Company v. Anthony Wally Berseth et al
Present: The Honorable CORMAC J. CARNEY, UNITED STATES DISTRICT JUDGE
CIVIL MINUTES - GENERAL
Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE RE PARTIAL DISMISSAL FOR LACK OF PROSECUTION
Plaintiffs are required to prosecute their cases 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 claims against a defendant that the plaintiff has chosen not to pursue for any reason.
Here, Plaintiff has filed a proof of service as to Defendant Michael Blair yet the deadline for that Defendant's response 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 November 29, 2022 why this Defendant should not be dismissed from this action 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 this Defendant or this Defendant's Answer
2. A stipulation extending this Defendant's time to respond to the Complaint that complies with Local Rule 8.3, or
3. A Notice of Voluntary Dismissal of this Defendant (Fed. R. Civ. P. 41).
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 of Plaintiff's claims against this defendant.