Opinion
SACV 23-2302-CJC (DFMx)
02-28-2024
AMERIS BANK v. CONTRACTOR SALES & SERVICES LLC
PRESENT HONORABLE CORMAC J. CARNEY, UNITED STATES DISTRICT JUDGE
CIVIL MINUTES - GENERAL
ATTORNEYS PRESENT FOR PLAINTIFF: ATTORNEYS PRESENT FOR DEFENDANT:
PROCEEDINGS: (IN CHAMBERS) ORDER DISMISSING CASE FOR FAILURE TO PROSECUTE
In its Complaint filed on December 6, 2023, Plaintiff Ameris Bank asserts a claim against Defendant Contractor Sales & Services LLC for breach of an equipment financing agreement. (See Dkt. 1.) On January 30, 2024, the Court issued an order to show cause why this case should not be dismissed for lack of prosecution because Defendant's answer deadline had passed and Ameris had taken no further action. (See Dkt. 9). In response, Ameris filed a declaration indicating that the parties had agreed to settlement terms and requested a continuance of the OSC's response deadline until February 16, 2024 “to allow the parties sufficient time to finalize their settlement documents.” (Dkt. 10 ¶ 5.) However, nearly two weeks later, Ameris has not filed anything. Accordingly, per the Court's OSC (Dkt. 9), this case is DISMISSED WITHOUT PREJUDICE for failure to prosecute.