Darwin Boggs v. Tango Wholesale Tire Inc

Summary

The United States District Court for the Central District of California ordered the plaintiff to show cause why the action should not be dismissed for lack of prosecution. The court noted that the plaintiff had obtained entry of default against Tango Wholesale Tire Inc. but had not sought default judgment, and directed the plaintiff either to seek default judgment or notify the court that default judgment would not be pursued by September 19, 2025.

Holdings

1. The court may act on its own motion to require a plaintiff to show cause why an action should not be dismissed for lack of prosecution.
2. After obtaining entry of default under Federal Rule of Civil Procedure 55(a), Plaintiff was required either to seek default judgment under Rule 55(b) or notify the court that default judgment would not be sought; failure to respond to the order to show cause would be deemed consent to dismissal.

Questions Presented

1. Whether the court should order Plaintiff to show cause why the action should not be dismissed for lack of prosecution.
2. Whether Plaintiff's failure to seek default judgment after entry of default warranted further action under Federal Rule of Civil Procedure 55.

Disposition

other