Paul Stemple v. Booksi LLC

Summary

The United States District Court for the Central District of California ordered Plaintiff Paul Stemple to show cause why the action against Booksi LLC should not be dismissed for lack of prosecution. The order states that Plaintiff had not requested entry of default against a defendant that had not answered and permits Plaintiff to respond by seeking entry of default or dismissing the complaint.

Holdings

1. The district court possesses inherent authority to dismiss an action for lack of prosecution on its own motion and may require Plaintiff to show cause why dismissal should not occur.
2. Where a defendant has not answered the complaint, 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 district court may order Plaintiff to show cause why the action should not be dismissed sua sponte for lack of prosecution.
2. Whether Plaintiff's failure to seek entry of default after Defendant failed to answer justified an order requiring Plaintiff to explain how the case should proceed.

Disposition

other