Michael Painter v. Green Dot Bank

Summary

The United States District Court for the Central District of California ordered Plaintiff Michael Painter to show cause why the action against Green Dot Bank should not be dismissed for lack of prosecution. The court noted that Defendant had not answered and directed Plaintiff to seek entry of default under Federal Rule of Civil Procedure 55(a) or dismiss the complaint by December 23, 2025.

Holdings

1. A district court has inherent authority to dismiss an action for lack of prosecution on its own motion and may require the plaintiff to show cause why dismissal should not occur.
2. When a defendant has not answered, plaintiff may satisfy the order to show cause by seeking entry of default under Federal Rule of Civil Procedure 55(a) or by dismissing the complaint.

Questions Presented

1. Whether the court should require plaintiff to show cause why the action should not be dismissed for lack of prosecution.
2. Whether plaintiff's failure to seek entry of default after defendant failed to answer warranted an order directing plaintiff to seek default, dismiss the complaint, or otherwise explain the failure to prosecute.

Disposition

other