Bodo v. Angasan

D. Alaska

Bodo v. Angasan

DecidedJanuary 19, 2023

Docket3:23-cv-00035

StatusUnknown

This text of Bodo v. Angasan (Bodo v. Angasan) is published on Counsel Stack Legal Research, covering District Court, D. Alaska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bodo v. Angasan, (D. Alaska 2023).

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5 6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 9 10 GRACIE BODO, CASE NO. 2:22-cv-01377-LK 11 Plaintiff, ORDER TO SHOW CAUSE 12 v. 13 BRAD ANGASAN and RENALDA ANGASAN, husband and wife, in 14 personam, and F/V THE NOVARUPTA, Official Number 1302767, her engines, 15 machinery, appurtenances and cargo, in rem, 16 Defendants. 17

18 This matter comes before the Court sua sponte. Plaintiff Gracie Bodo filed a complaint in 19 this case on September 28, 2022. There is no indication that she has served the summons and 20 complaint on Defendants within the time prescribed by the Federal Rules of Civil Procedure. See 21 Fed. R. Civ. P. 4(m). 22 Plaintiffs have a general duty to prosecute their claims, see Fid. Phila. Tr. Co. v. Pioche 23 Mines Consol., Inc., 587 F.2d 27, 29 (9th Cir. 1978), and they fail to fulfill this duty when they do 24 not litigate their case, see, e.g., Spesock v. U.S. Bank, NA, No. C18-0092-JLR, 2018 WL 5825439, 1 at *3 (W.D. Wash. Nov. 7, 2018). “[T]o prevent undue delays in the disposition of pending cases 2 and to avoid congestion in the calendars of the District Courts,” federal courts may exercise their 3 inherent power to dismiss a case sua sponte for failure to prosecute. Link v. Wabash R. Co., 370 4 U.S. 626, 629–31 (1962); see also, e.g., Ville v. Meridian at Stone Creek Assisted Living, No. C17-

5 913-MJP, 2017 WL 4700340, at *1 (W.D. Wash. Oct. 19, 2017). 6 The Court thus ORDERS Plaintiff to show cause why the case should not be dismissed for 7 failure to prosecute within 14 days of this Order. Failure to respond will result in dismissal of the 8 case without prejudice. 9 Dated this 19th day of January, 2023. 10 A 11 Lauren King United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23

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5 6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 9 10 GRACIE BODO, CASE NO. 2:22-cv-01377-LK 11 Plaintiff, ORDER TO SHOW CAUSE 12 v. 13 BRAD ANGASAN and RENALDA ANGASAN, husband and wife, in 14 personam, and F/V THE NOVARUPTA, Official Number 1302767, her engines, 15 machinery, appurtenances and cargo, in rem, 16 Defendants. 17

18 This matter comes before the Court sua sponte. Plaintiff Gracie Bodo filed a complaint in 19 this case on September 28, 2022. There is no indication that she has served the summons and 20 complaint on Defendants within the time prescribed by the Federal Rules of Civil Procedure. See 21 Fed. R. Civ. P. 4(m). 22 Plaintiffs have a general duty to prosecute their claims, see Fid. Phila. Tr. Co. v. Pioche 23 Mines Consol., Inc., 587 F.2d 27, 29 (9th Cir. 1978), and they fail to fulfill this duty when they do 24 not litigate their case, see, e.g., Spesock v. U.S. Bank, NA, No. C18-0092-JLR, 2018 WL 5825439, 1 at *3 (W.D. Wash. Nov. 7, 2018). “[T]o prevent undue delays in the disposition of pending cases 2 and to avoid congestion in the calendars of the District Courts,” federal courts may exercise their 3 inherent power to dismiss a case sua sponte for failure to prosecute. Link v. Wabash R. Co., 370 4 U.S. 626, 629–31 (1962); see also, e.g., Ville v. Meridian at Stone Creek Assisted Living, No. C17-

5 913-MJP, 2017 WL 4700340, at *1 (W.D. Wash. Oct. 19, 2017). 6 The Court thus ORDERS Plaintiff to show cause why the case should not be dismissed for 7 failure to prosecute within 14 days of this Order. Failure to respond will result in dismissal of the 8 case without prejudice. 9 Dated this 19th day of January, 2023. 10 A 11 Lauren King United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23

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