Sam Benford v. Legend Auto Works Inc. et al

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 order notes that defaults were entered against Legend Auto Works Inc. and 1850 Del Mar, LLC, but that the plaintiff had not sought default judgment, and directs the plaintiff to respond by October 17, 2025.

Holdings

1. A federal district court may exercise its inherent authority to dismiss an action for lack of prosecution on its own motion, subject to providing the affected party an opportunity to respond.
2. Because Plaintiff obtained entry of default but had not sought default judgment, Plaintiff could satisfy the order to show cause by seeking default judgment or notifying the court that default judgment would not be sought.

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 default judgment after obtaining entry of default warranted a response directing Plaintiff either to seek default judgment or advise that default judgment would not be sought.

Disposition

other