Keir Lynn Ramos v. City of Upland, Dylan J Bartley, Ryan W Chen

Summary

The United States District Court for the Central District of California ordered plaintiff Keir Lynn Ramos to show cause why the action should not be dismissed for failure to prosecute. The court found that defendants' time to respond to the amended complaints had expired and that plaintiff had not timely sought entry of default. The court warned that failure to respond within seven days would result in dismissal without prejudice under Federal Rule of Civil Procedure 41(b).

Holdings

1. A plaintiff has a duty to prosecute the action with reasonable diligence and, when defendants have failed to plead or otherwise defend, should timely seek entry of default.
2. The court did not immediately dismiss the action; instead, it ordered plaintiff to show cause within seven days and warned that failure to respond would result in dismissal without prejudice as to defendants.

Questions Presented

1. Whether plaintiff's failure to seek timely entry of default and failure to prosecute warranted an order to show cause why the action should not be dismissed without prejudice.

Disposition

other