Robert Mena v. Z And A Enterprises, Inc. et al.

Summary

The United States District Court for the Central District of California ordered Plaintiff Robert Mena to show cause why the action should not be dismissed for lack of prosecution. The court noted that the deadline for Defendant to respond had passed and offered filing an entry of default request, a compliant stipulation extending the response deadline, or a voluntary dismissal as alternatives to a written response.

Holdings

1. Because Defendants' response deadline had passed and Plaintiff had taken no action to advance the case, the court ordered Plaintiff to show cause in writing why the action should not be dismissed for lack of prosecution.
2. A federal district court may, under appropriate circumstances, dismiss an action sua sponte for lack of prosecution, including under Federal Rule of Civil Procedure 41(b) and the court's inherent authority.

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 the court may sua sponte dismiss an action for failure to prosecute under Federal Rule of Civil Procedure 41(b) and the court's inherent authority.

Disposition

other