Los Angeles Turf Club, Incorporated v. US Racing
Los Angeles Turf Club, Incorporated v. US Racing
Trial Court Opinion
Case 2:21-cv-08303-FWS-KK Document 34 Filed 12/21/22 Page1lofi1 Page ID #:448 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES — GENERAL
Case No. CV 21-08303-FWS (KKx) Date December 21, 2022 Title Los Angeles Turf Club, Incorporated et al. v. US Racing et al.,
PRESENT: HONORABLE FRED W. SLAUGHTER, UNITED STATES DISTRICT JUDGE Melissa H. Kunig Not Reported Deputy Clerk Court Reporter ATTORNEYS PRESENT FOR PLAINTIFF: ATTORNEYS PRESENT FOR DEFENDANT: None Present None Present PROCEEDINGS: (IN CHAMBERS) ORDER TO SHOW CAUSE
Plaintiff was ordered to serve process under Federal Rule of Civil Procedure 4(m) by November 15, 2022. (Dkt. 27.) On August 26, 2022, Plaintiff filed a Response providing additional details on its efforts to serve process. (Dkt. 32.) On September 27, 2022, Plaintiff filed a document entitled, “Letter and Certificate of Non-Service.” (Dkt. 33.) At this juncture, the court has received no further filings from Plaintiff and the November 15, 2022, deadline for service has now passed. Accordingly, the court hereby ORDERS Plaintiff to show cause in writing no later than January 13, 2023, why this action should not be dismissed for lack of prosecution. Failure to comply with the court’s order may result in dismissal. See Fed. R. Civ. P. 41(b); Link v. Wabash R.R. Co.,
370 U.S. 626, 629(1962) (“The authority of a federal trial court to dismiss a plaintiff's action with prejudice because of his failure to prosecute cannot seriously be doubted.”); Hells Canyon Pres. Council v. U.S. Forest Serv.,
403 F.3d 683, 689(9th Cir. 2005) (“[C]ourts may dismiss under Rule 41(b) sua sponte, at least under certain circumstances.”); Ash v. Cvetkov,
739 F.2d 493, 496(9th Cir. 1984) (“It is within the inherent power of the court to sua sponte dismiss a case for lack of prosecution.”).
Initials of Deputy Clerk =mku CC:
CV-90 (06/04) CIVIL MINUTES - GENERAL Page 1 of 1
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