Court has inherent power to dismiss for lack of prosecution on its own motion
How later courts described this case
- Court has inherent power to dismiss for lack of prosecution on its own motion
Written by the judges who cited it.
The opinion
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.: 2:25-cv-02755-AB-JPRx Date: May 23, 2025
Title: The Board of Trustees v. Planet Express LAX, Inc.
Present: The Honorable ANDRÉ BIROTTE JR., United States District Judge
Daniel Tamayo N/A
Deputy Clerk Court Reporter
Attorney(s) Present for Plaintiff(s): Attorney(s) Present for Defendant(s):
None Appearing None Appearing
Proceedings: [In Chambers] Order To Show Cause Re: Dismissal for Lack of
Prosecution
Plaintiff(s) are ORDERED to show cause why this case should not be
dismissed for lack of prosecution. Link v. Wabash R. Co., 370 U.S. 626 (1962)
(Court has inherent power to dismiss for lack of prosecution on its own motion).
The below time period(s) has not been met. Accordingly, the Court, on its
own motion, orders Plaintiff(s) to show cause, in writing, on or before June 6,
2025, why this action should not be dismissed for lack of prosecution. This matter
will stand submitted upon the filing of Plaintiff(s) response. See Fed. R. Civ. P. 78.
Failure to respond will be deemed consent to the dismissal of the action.
☒ Defendant(s) Planet Express LAX, Inc. did not answer the
complaint, yet Plaintiff(s) have failed to request entry of default, pursuant to
Fed. R. Civ. P. 55(a). Plaintiff(s) can satisfy this order by seeking entry of
default or by dismissing the complaint.
IT IS SO ORDERED.