Opinion
CV 23-02403-SPG-MAR
01-23-2024
Empire Fire and Marine Insurance Company v. Gilbert Poghosyan et al
PRESENT: THE HONORABLE SHERILYN PEACE GARNETT, UNITED STATES DISTRICT JUDGE
CIVIL MINUTES - GENERAL
Proceeding: (IN CHAMBERS) ORDER
Third Party Plaintiff Cesar Hilario Prado Barrios (“Third Party Plaintiff”) is ORDERED to show cause why this case should not be dismissed for lack of prosecution. Link v. Wabash R. Co., 370 U.S. 626 (1962) (Court has inherent power to dismiss for lack of prosecution on its own motion).
Third Party Defendants Levik Mirzakhanian, Gilbert Poghosyan and Sadaf Sadeghi did not answer the complaint, yet Third Party Plaintiff has failed to request entry of default, pursuant to Fed.R.Civ.P. 55(a).
Accordingly, the Court, on its own motion, orders Third Party Plaintiff to show cause, in writing, on or before February 6, 2024, why this action should not be dismissed for lack of prosecution. Plaintiff can satisfy this order by seeking entry of default or by dismissing the complaint. This matter will stand submitted upon the filing of Third Party Plaintiff s response. See Fed.R.Civ.P. 78. Failure to respond will be deemed consent to the dismissal of the action.
IT IS SO ORDERED