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

• Court: District Court, W.D. Washington
• Decided: April 21, 2025
• Docket: 2:24-cv-00142
• Status: Unknown

Opinion

1 2

3 4 5 UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 BOARD OF TRUSTEES OF THE CASE NO. 2:24-cv-142-JNW 8 NORTHWEST METAL CRAFTS TRUST FUND, ORDER TO SHOW CAUSE 9 Plaintiff, 10 v. 11 PACIFIC SHIP REPAIR AND 12 FABRICATION INC.,

13 Defendant. 14 This matter comes before the Court on its own accord. 15 Plaintiff Board of Trustees of the Northwest Metal Crafts Trust Fund (“Trust 16 Fund”) sued Defendant Pacific Ship Repair and Fabrication Inc. (“Pacific Ship 17 Repair”) on February 2, 2024. The Trust Fund served Pacific Ship Repair with its 18 complaint on February 14, 2024, and the Clerk entered default against Pacific Ship 19 Repair on May 22, 2024. Dkt. Nos. 5 at 1, 8 at 1. Although the Clerk entered default 20 nearly one year ago, the Trust Fund has not moved for default judgment or taken 21 any other actions in this case. See Dkt.; see also Fed. R. Civ. P. 55(b) (describing 22 two-step process for obtaining default judgment; LCR 55(b) (same). 23 1 Accordingly, the Court ORDERS the Trust Fund to SHOW CAUSE why this 2 matter should not be dismissed for failure to prosecute. See Fed. R. Civ. P. 41(b);

3 Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir. 1986) (“[The court has] 4 inherent power sua sponte to dismiss a case for lack of prosecution”). The Trust 5 Fund must, by no later than May 1, 2025, file either a response to this order to show 6 cause or a motion for default judgment. Failure to timely respond or file will result 7 in dismissal of this action with prejudice. 8 Dated this 21st day of April, 2025.

9 A 10 Jamal N. Whitehead 11 United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23