Miguel Torresblanco v. RPA CP Opportunity Trust 1

United States District Court for the Central District of California

Miguel Torresblanco v. RPA CP Opportunity Trust 1

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 MIGUEL TORRESBLANCO, ) Case No. CV 25-4041 FMO (MARx) ) 12 Plaintiff, ) ) 13 v. ) ORDER TO SHOW CAUSE RE: DISMISSAL ) RE: LACK OF PROSECUTION 14 RPA CP OPPORTUNITY TRUST 1, et ) al., ) 15 ) Defendants. ) 16 ) 17 By order dated July 30, 2025, plaintiff was ordered to show cause, on or before August 6, 18 2025, why this action should not be dismissed for lack of prosecution. (See Dkt. 22, Court’s Order 19 of July 30, 2025). The order stated that the Order to Show Cause would “stand submitted upon 20 the filing” of an answer or application for entry of default judgment as to Bank of America 21 Corporation. (See id.). Plaintiff was admonished that “[f]ailure to file a timely response to th[e] 22 Order to Show Cause may result in the action being dismissed for lack of prosecution and for 23 failure to comply with the orders of the court, pursuant to Local Rule 41.” (Id.). 24 On July 25, 2025, plaintiff filed a response to the order to show cause, indicating that 25 plaintiff effected service on Bank of America Corporation and that he would proceed to file an 26 application for entry of default. (See Dkt. 25, Declaration of Sammy Zreik at 2). Plaintiff filed his 27 request for entry of default on August 8, 2025. (See Dkt. 28, Request for Entry of Default). 28 1 of default, advising plaintiffs of a specific deficiency – plaintiff’s failure to file a proof of service on 2 the docket. (See Dkt. 30, Notice of Deficiency). 3 As of the date of this Order, plaintiff has not filed a proof of service or renewed application 4 for entry of default. (See, generally, Dkt.). The court will provide plaintiff one final opportunity to 5 do so. Based on the foregoing, IT IS ORDERED THAT: 6 1. Plaintiff shall file a proof of service and a renewed application for entry of default by 7 August 29, 2025. 8 2. Plaintiff is cautioned that failure to file a proof of service and a renewed application for 9 entry of default by the deadline set forth above will result in the dismissal of this action without 10 prejudice for failure to prosecute and/or failure to comply with a court order. See Fed. R. Civ. P. 11 41(b); Link v. Wabash R.R. Co.,

370 U.S. 626, 629-30

,

82 S.Ct. 1386, 1388

(1962). 12 3. The Order to Show Cause is hereby continued pending compliance with paragraph one 13 above. 14 Dated this 25th day of August, 2025. 15 /s/ 16 Fernando M. Olguin United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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