Board of Trustees of the Northwest Metal Crafts Trust Fund v. Pacific Ship Repair and Fabrication Inc

Opinion

UNITED STATES DISTRICT COURT AT SEATTLE BOARD OF TRUSTEES OF THE CASE NO. 2:24-cv-142-JNW TRUST FUND, ORDER TO SHOW CAUSE Plaintiff, v. PACIFIC SHIP REPAIR AND

Defendant. This matter comes before the Court on its own accord. Plaintiff Board of Trustees of the Northwest Metal Crafts Trust Fund (“Trust Fund”) sued Defendant Pacific Ship Repair and Fabrication Inc. (“Pacific Ship Repair”) on February 2, 2024. The Trust Fund served Pacific Ship Repair with its complaint on February 14, 2024, and the Clerk entered default against Pacific Ship Repair on May 22, 2024. Dkt. Nos. 5 at 1, 8 at 1. Although the Clerk entered default nearly one year ago, the Trust Fund has not moved for default judgment or taken any other actions in this case. See Dkt.; see also Fed. R. Civ. P. 55(b) (describing two-step process for obtaining default judgment; LCR 55(b) (same). Accordingly, the Court ORDERS the Trust Fund to SHOW CAUSE why this matter should not be dismissed for failure to prosecute. See Fed. R. Civ. P. 41(b);

Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir. 1986) (“[The court has] inherent power sua sponte to dismiss a case for lack of prosecution”). The Trust Fund must, by no later than May 1, 2025, file either a response to this order to show cause or a motion for default judgment. Failure to timely respond or file will result in dismissal of this action with prejudice. Dated this 21st day of April, 2025.

A Jamal N. Whitehead United States District Judge