Boards of Trustees of the Local 191 IBEW Health and Welfare Trust Fund v. TKK LLC

W.D. Washington

Boards of Trustees of the Local 191 IBEW Health and Welfare Trust Fund v. TKK LLC

DecidedApril 11, 2023

Docket2:22-cv-01653

StatusUnknown

This text of Boards of Trustees of the Local 191 IBEW Health and Welfare Trust Fund v. TKK LLC (Boards of Trustees of the Local 191 IBEW Health and Welfare Trust Fund v. TKK LLC) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Boards of Trustees of the Local 191 IBEW Health and Welfare Trust Fund v. TKK LLC, (W.D. Wash. 2023).

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5 6 7 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 9 AT SEATTLE 10 11 BOARDS OF TRUSTEES OF THE CASE NO. 2:22-cv-01653-TL LOCAL 191 IBEW HEALTH AND 12 WELFARE TRUST FUND, et al., ORDER TO SHOW CAUSE 13 Plaintiffs, v. 14 TKK LLC, et al., 15 Defendants. 16

17 18 This is an action brought under the Employee Retirement Income Security Act of 1974 19 (“ERISA”). The matter comes before the Court sua sponte, upon review of the record. 20 Plaintiffs filed this action on November 18, 2022 (Dkt. No. 1), and amended on 21 November 23, 2022 (Dkt. No. 5). Summons was issued to Defendants on November 21, 2022, 22 and January 9, 2023. Dkt. Nos. 2, 7. To date, no proof of service has been filed, and neither 23 defendant has appeared in this action. Indeed, there has been no activity in the case since January 24 9. 1 Federal Rule of Civil Procedure 4(m) states that, “[i]f a defendant is not served within 90 2 days after the complaint is filed, the court . . . must dismiss the action without prejudice against 3 that defendant or order that service be made within a specified time.” The Court may also 4 dismiss a case for a plaintiff’s failure to prosecute their case. See Ash v. Cvetkov, 739 F.2d 493,

5 496–97 (9th Cir. 1984) (“It is within the inherent power of the court to sua sponte dismiss a case 6 for lack of prosecution.”); see also Fed. R. Civ. P. 41(b) (involuntary dismissal where a plaintiff 7 fails to prosecute). More than 90 days have transpired since the Amended Complaint was filed, 8 and no proof of service, no appearance of Defendant, or other indication of service has been 9 filed. 10 Accordingly, Plaintiff is DIRECTED to SHOW CAUSE, within fourteen (14) days of this 11 Order, why this case should not be dismissed without prejudice for failure to serve process or for 12 failure to prosecute. 13 Dated this 11th day of April 2023. 14 A 15 Tana Lin United States District Judge 16

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5 6 7 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 9 AT SEATTLE 10 11 BOARDS OF TRUSTEES OF THE CASE NO. 2:22-cv-01653-TL LOCAL 191 IBEW HEALTH AND 12 WELFARE TRUST FUND, et al., ORDER TO SHOW CAUSE 13 Plaintiffs, v. 14 TKK LLC, et al., 15 Defendants. 16

17 18 This is an action brought under the Employee Retirement Income Security Act of 1974 19 (“ERISA”). The matter comes before the Court sua sponte, upon review of the record. 20 Plaintiffs filed this action on November 18, 2022 (Dkt. No. 1), and amended on 21 November 23, 2022 (Dkt. No. 5). Summons was issued to Defendants on November 21, 2022, 22 and January 9, 2023. Dkt. Nos. 2, 7. To date, no proof of service has been filed, and neither 23 defendant has appeared in this action. Indeed, there has been no activity in the case since January 24 9. 1 Federal Rule of Civil Procedure 4(m) states that, “[i]f a defendant is not served within 90 2 days after the complaint is filed, the court . . . must dismiss the action without prejudice against 3 that defendant or order that service be made within a specified time.” The Court may also 4 dismiss a case for a plaintiff’s failure to prosecute their case. See Ash v. Cvetkov, 739 F.2d 493,

5 496–97 (9th Cir. 1984) (“It is within the inherent power of the court to sua sponte dismiss a case 6 for lack of prosecution.”); see also Fed. R. Civ. P. 41(b) (involuntary dismissal where a plaintiff 7 fails to prosecute). More than 90 days have transpired since the Amended Complaint was filed, 8 and no proof of service, no appearance of Defendant, or other indication of service has been 9 filed. 10 Accordingly, Plaintiff is DIRECTED to SHOW CAUSE, within fourteen (14) days of this 11 Order, why this case should not be dismissed without prejudice for failure to serve process or for 12 failure to prosecute. 13 Dated this 11th day of April 2023. 14 A 15 Tana Lin United States District Judge 16

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