Opinion
22-CV-00342-RGK-RAO
08-22-2022
Present: The Honorable R. GARY KLAUSNER, UNITED STATES DISTRICT JUDGE
CIVIL MINUTES - GENERAL
Proceedings: (IN CHAMBERS) Order to Dismiss Action for Lack of Prosecution
On February 23, 2022, Michael Stokes (“Plaintiff') filed a complaint against All Worlds Resorts, Inc., and Austin Basford (“Defendants”) for direct copy right infringement. Plaintiff filed Proof of Service on March 17, 2022 (ECF. No. 15-16), and Defendants failed to timely file an Answer. Subsequently, default was entered against Defendants on April 6, 2022.
On May 17, 2022, Plaintiff filed a Motion for Default Judgment. On June 6, 2022, Defendants fried an Ex Parte Application to Quash Summons and To Set Aside Entry of Default, but the Application was denied by the Corn!. On June 13, 2022, Defendants filed a Motion to Set Aside Default and Quash Service of Process. On July 19, the Corn! issued an order granting Defendants' Motion to Set Aside. On July 22, 2022, the Court issued an OSC re Dismissal for Lack of Prosecution, which Plaintiff responded to on July 29, 2022.
Upon review and consideration of Plaintiffs response, the Court finds insufficient good cause to show why Defendants have not been served. The action is hereby dismissed in its entirety for lack of prosecution.
IT IS SO ORDERED.