Shenzhen Hanyi Technology Co Ltd v. Shelterlogic Corp
This text of Shenzhen Hanyi Technology Co Ltd v. Shelterlogic Corp (Shenzhen Hanyi Technology Co Ltd v. Shelterlogic Corp) 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.
Opinion
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5 6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 9 10 SHENZHEN HANYI TECHNOLOGY CO. CASE NO. 2:25-cv-00363-LK 11 LTD., ORDER TO SHOW CAUSE 12 Plaintiff, v. 13 SHELTERLOGIC CORP., 14 Defendant. 15 16 This matter comes before the Court sua sponte. Plaintiff Shenzhen HanYi Technology Co. 17 Ltd. (“HanYi”) filed its complaint on February 26, 2025, naming two Defendants: Shelterlogic 18 Corp. and PNC Bank National Association. Dkt. No. 1. The Court issued summons for both 19 Defendants the next day. Dkt. No. 5. 20 On May 19, 2025, HanYi filed a notice of voluntary dismissal dismissing PNC Bank 21 National Association. Dkt. No. 11. However, that notice specifically excluded Shelterlogic Corp., 22 id. at 1, and HanYi has not filed proof that it has served that entity in the more than five months 23 this case has been pending. 24 1 Federal Rule of Civil Procedure 4(m) provides that “[i]f a defendant is not served within 2 90 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.” In addition, plaintiffs have a 4 general duty to prosecute their claims, see Fid. Phila. Tr. Co. v. Pioche Mines Consol., Inc., 587
5 F.2d 27, 29 (9th Cir. 1978), and they fail to fulfill this duty when they do not litigate their case, 6 see, e.g., Spesock v. U.S. Bank, NA, No. C18-0092-JLR, 2018 WL 5825439, at *3 (W.D. Wash. 7 Nov. 7, 2018). “[T]o prevent undue delays in the disposition of pending cases and to avoid 8 congestion in the calendars of the District Courts,” federal courts may exercise their inherent power 9 to dismiss a case sua sponte for failure to prosecute. Link v. Wabash R. Co., 370 U.S. 626, 629–31 10 (1962); see also, e.g., Ville v. Meridian at Stone Creek Assisted Living, No. C17-913-MJP, 2017 11 WL 4700340, at *1 (W.D. Wash. Oct. 19, 2017). More than 90 days have passed since the 12 complaint was filed, and there is no indication that HanYi has served Shelterlogic Corp. Nor has 13 it filed anything in this case since May 2025. 14 The Court thus ORDERS HanYi to show cause within 21 days of this Order why the case
15 should not be dismissed for failure to prosecute and failure to serve. If it timely serves the summons 16 and complaint and files proof of the same, the Court will discharge this Order. Failure to respond 17 will result in dismissal of the case without prejudice. 18 Dated this 13th day of August, 2025. 19 A 20 Lauren King United States District Judge 21 22 23 24
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