Opinion
EDCV 23-2127JGB (KKx)
02-21-2024
Michael Rhambo v. Sunland Tire Company of Glendora, LLC, et al.
Present: The Honorable JESUS G. BERNAL, UNITED STATES DISTRICT JUDGE
CIVIL MINUTES-GENERAL
Proceedings: Order to Show Cause re Dismissal for Failure to Prosecute (IN CHAMBERS)
On October 17, 2023, Plaintiff Michael Rhambo (“Plaintiff”) filed a complaint against Defendants Sunland Tire Company of Glendora, LLC, Faura Commercial Holdings, LLC, and Does 1 through 10 (collectively, “Defendants”). (“Complaint,” Dkt. No. 1.) On November 6, 2023, Plaintiff served the summons and Complaint on Defendant Sunland Tire Company of Glendora, LLC-accordingly, this Defendant's answer was due no later than November 27, 2023. (Dkt. No. 11.) On November 9, 2023, Plaintiff served the summons and Complaint on Defendant Faura Commercial Holdings, LLC-accordingly, this Defendant's answer was due no later than November 30, 2023. (Dkt. No. 10.) To date, neither Defendant Sunland Tire Company of Glendora, LLC nor Defendant Faura Commercial Holdings, LLC has answered the Complaint. Plaintiff has not filed a request for entry of default as to either of those Defendants.
Federal Rule of Civil Procedure 41(b) grants the Court authority to sua sponte dismiss actions for failure to prosecute or failure to comply with court orders. See Fed.R.Civ.P. 41(b); Wolff v. California, 318 F.R.D. 627, 630 (C.D. Cal. 2016). A plaintiff must prosecute her case with “reasonable diligence” to avoid dismissal pursuant to Rule 41(b). Anderson v. Air W., Inc., 542 F.2d 522, 524 (9th Cir. 1976). Here, it appears that Plaintiff has failed to prosecute the case with reasonable diligence because he has failed to request an entry of default as to Defendants Sunland Tire Company of Glendora, LLC and Faura Commercial Holdings, LLC for over two months.
Accordingly, the Court ORDERS Plaintiff, on or before February 29, 2024, to request an entry of default as to Defendants Sunland Tire Company of Glendora, LLC and Faura Commercial Holdings, LLC or to show cause in writing as to why he has not requested an entry of default. Failure to comply with this order may result in dismissal of the action. Pursuant to Rule 78 of the Federal Rules of Civil Procedure, the Court finds that this matter is appropriate for submission without oral argument.
IT IS SO ORDERED.