Frank Lopez v. Officer Jay Choi

Opinion

CIVIL MINUTES – GENERAL

Case No. CV 23-00802-SK Date: July 3, 2023 Title Frank Lopez et al. v. Officer Jay Choi et al.

Present: The Honorable: Steve Kim, United States Magistrate Judge

Connie Chung n/a Deputy Clerk Court Reporter / Recorder

Attorneys Present for Plaintiff(s): Attorneys Present for Defendant(s):

None present None present

Proceedings: (IN CHAMBERS) SECOND ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION

On May 10, 2023, the Court issued an order to show cause why this case should not be dismissed for lack of prosecution. (ECF 6). On May 18, 2023, Plaintiffs filed a brief in response. (ECF 10). On May 18, 2023, the Court issued an order discharging the order to show cause and extending the service deadline to June 19, 2023. As of July 3, 2023 Plaintiffs have still not filed a proof of service showing that service of summons and complaint was effectuated on Defendants. Accordingly, Plaintiffs are ORDERED to show cause on or before July 17, 2023 why this case should not be dismissed for lack of prosecution. Link v. Wabash R. Co., 370 U.S. 626 (1962) (Court has inherent power to dismiss for lack of prosecution on its own motion). Pursuant to Rule 78 of the Federal Rules of Civil Procedure, the Court finds that this matter is appropriate for submission without oral argument. The Order to Show Cause will stand submitted upon the filing of Plaintiffs’ response. Failure to respond to this Order to Show Cause will be deemed consent to the dismissal of the action. IT IS SO ORDERED.