Raushanah Holland v. County of Riverside
Raushanah Holland v. County of Riverside
Trial Court Opinion
CIVIL MINUTES— GENERAL
Case No. 5:22-cv-01409-SSS-SPx Date October 24, 2023 Title Raushanah Holland, et al. v. County of Riverside, et al.
Present: The Honorable SUNSHINE S. SYKES, UNITED STATES DISTRICT JUDGE
Irene Vazquez Not Reported Deputy Clerk Court Reporter
Attorney(s) Present for Plaintiff(s): Attorney(s) Present for Defendant(s): None Present None Present
Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION On July 14, 2023, Plaintiffs filed their Third Amended Complaint. [Dkt. 77]. On July 27, 2023, Plaintiffs filed a Proof of Service of Summons and Third Amended Complaint. [Dkt. 82]. Any required responsive pleading was due by August 17, 2023. As of today’s date, Defendant Lifeplan Children’s Services, Inc. has neither filed an answer or a motion to dismiss under Federal Rule of Civil Procedure 12. Accordingly, Plaintiff is ORDERED to show cause in writing why Defendant Lifeplan Children’s Services, Inc. should not be dismissed from this action for Plaintiff’s failure to prosecute. Plaintiff must file its response by November 7, 2023. This Order to Show Cause will be discharged if Plaintiff files a request for entry of default against Defendant Lifeplan Children’s Services, Inc. before the above deadline. Fed. R. Civ. P. 55(a). However, if Plaintiff fails to respond to this order and otherwise fails to prosecute this case, the Court will dismiss Defendant Lifeplan Children’s Services, Inc. on its own. See Fed. R. Civ. P. 41(b); see also Hells Canyon Pres. Council v. U.S. Forest Serv.,
403 F.3d 683, 689(9th Cir. 2005) (concluding a district court, on its own, may dismiss an action against a defendant under Federal Rule of Civil Procedure 41(b)). The Court finds this matter appropriate for resolution without oral argument. Fed. R. Civ. P. 78. IT IS SO ORDERED.
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