GS Holistic LLC v. Superior Smoke LLC

Opinion

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3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE

9 10 GS HOLISTIC, LLC, CASE NO. C23-0410JLR 11 Plaintiff, ORDER TO SHOW CAUSE v. 12 SUPERIOR SMOKE LLC, et al., 13 Defendants. 14

15 On June 20, 2023, the court granted Plaintiff GS Holistic, LLC’s (“GS Holistic”) 16 motion for a 60-day extension of time to perfect service on Defendants Superior Smoke 17 LLC and Joseph Marquez-Ramos. (6/20/23 Order (Dkt. # 9).) The court ordered GS 18 Holistic to file proof of service on Defendants by no later than August 16, 2023, and 19 warned GS Holistic that failure to do so could result in the dismissal without prejudice of 20 GS Holistic’s claims against Defendants. (See generally id.) GS Holistic timely filed 21 proof of service on Superior Smoke LLC, and the court granted GS Holistic’s motion for 22 entry of default against that Defendant on July 19, 2023. (See Service Aff. (Dkt. # 10); 1 Default Mot. (Dkt. # 11); Default (Dkt. # 12).) Although nearly a year has elapsed since 2 the court entered its June 20, 2023 order, GS Holistic has not filed proof of service on

3 Mr. Marquez-Ramos, nor has it made any other filings in this case. (See generally Dkt.). 4 Accordingly, the court ORDERS GS Holistic to show cause, by no later than 5 June 28, 2024, why the court should not dismiss this action with prejudice for failure to 6 prosecute. See Pagtalunan v. Galaza, 291 F.3d 639, 64243 (9th Cir. 2002) (discussing 7 factors that the court considers in determining whether to dismiss for failure to prosecute 8 or to comply with a court order).

9 Dated this 17th day of June, 2024. 10 A 11 12 JAMES L. ROBART United States District Judge 13 14 15 16 17 18 19 20 21 22