Opinion
For Michael Rocca, Plaintiff: Scottlynn J Hubbard, IV, Disabled Advocacy Group APLC, Chico, CA.
PROCEEDINGS (IN CHAMBERS): ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DIMISSED FOR LACK OF PROSECUTION
Honorable DAVID O. CARTER, United States District Judge.
It is the responsibility of plaintiff to respond promptly to all Orders and to prosecute the action diligently, including filing proofs of service and stipulations extending time to respond. If necessary, plaintiff(s) must also pursue Rule 55 remedies promptly upon default of any defendant. All stipulations affecting the progress of the case must be approved by the Court, Local Rule 7-1.
The file in this case lacks the papers that would show it is being timely prosecuted, as reflected below. Accordingly, the Court, on its own motion, hereby orders plaintiff (s) to show cause in writing no later than August 19, 2015 why this action should not be dismissed as to all remaining defendants for lack of prosecution.
As an alternative to a written response by plaintiff(s), the Court will accept one of the following as an appropriate response to this OSC if it is filed on or before the above date, as evidence that the matter is being prosecuted diligently:
o Defendant's Answer to Complaint or Plaintiff's Request for Entry of Default; or o Notice of Voluntary Dismissal (F.R.Civ.P .41)
No oral argument of this matter will be heard unless ordered by the Court. The Order will stand submitted upon the filing of a responsive pleading or motion on or before the date upon which a response by plaintiff(s) is due.
Plaintiff is to serve notice of this Order on all parties who have not yet appeared in this action.