Waters v. Mitchell

W.D. Washington

Waters v. Mitchell

DecidedApril 14, 2023

Docket2:21-cv-00087

StatusUnknown

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

9 10 JONATHAN WATERS, CASE NO. C21-0087JLR 11 Plaintiff, SHOW CAUSE ORDER v. 12 CHRISTOPHER MITCHELL, et al., 13 Defendants. 14

15 On October 25, 2022, Plaintiff Jonathan Waters moved for entry of default against 16 Defendants Christopher Mitchell and Jane Doe Mitchell (collectively, “Defendants”), 17 who had been served on September 7, 2022, but had not appeared in this action or 18 answered Mr. Waters’s complaint. (See Mot. (Dkt. # 22); see also Dkt.) Thereafter, the 19 Clerk entered default against Defendants. (See Entry of Default (Dkt. # 24).) More than 20 five months have passed, but Mr. Waters has not moved for default judgment. (See 21 Dkt.); see also Fed. R. Civ. P. 55(b) (describing two-step process for obtaining default 22 judgment); Local Rules W.D. Wash. LCR 55(b) (same). 1 Accordingly, the court ORDERS Mr. Waters to SHOW CAUSE why this case 2 should not be dismissed for failure to prosecute. See Fed. R. Civ. P. 41(b) (authorizing

3 dismissal with prejudice for failure to prosecute); Henderson v. Duncan, 779 F.2d 1421, 4 1423 (9th Cir. 1986) (noting that a district court has “inherent power sua sponte to 5 dismiss a case for lack of prosecution”). Mr. Waters must respond to this show cause 6 order no later than April 24, 2023. Alternatively, Mr. Waters may discharge this show 7 cause order by filing a motion for default judgment by April 24, 2023. Failure to timely 8 respond to this order to show cause may result in the dismissal of this action with

9 prejudice. See Henderson, 779 F.2d at 1423 (discussing factors that the court considers 10 in determining whether to dismiss for failure to prosecute). 11 Dated this 14th day of April, 2023. 12 A 13 14 JAMES L. ROBART United States District Judge 15 16 17 18 19 20 21 22

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

9 10 JONATHAN WATERS, CASE NO. C21-0087JLR 11 Plaintiff, SHOW CAUSE ORDER v. 12 CHRISTOPHER MITCHELL, et al., 13 Defendants. 14

15 On October 25, 2022, Plaintiff Jonathan Waters moved for entry of default against 16 Defendants Christopher Mitchell and Jane Doe Mitchell (collectively, “Defendants”), 17 who had been served on September 7, 2022, but had not appeared in this action or 18 answered Mr. Waters’s complaint. (See Mot. (Dkt. # 22); see also Dkt.) Thereafter, the 19 Clerk entered default against Defendants. (See Entry of Default (Dkt. # 24).) More than 20 five months have passed, but Mr. Waters has not moved for default judgment. (See 21 Dkt.); see also Fed. R. Civ. P. 55(b) (describing two-step process for obtaining default 22 judgment); Local Rules W.D. Wash. LCR 55(b) (same). 1 Accordingly, the court ORDERS Mr. Waters to SHOW CAUSE why this case 2 should not be dismissed for failure to prosecute. See Fed. R. Civ. P. 41(b) (authorizing

3 dismissal with prejudice for failure to prosecute); Henderson v. Duncan, 779 F.2d 1421, 4 1423 (9th Cir. 1986) (noting that a district court has “inherent power sua sponte to 5 dismiss a case for lack of prosecution”). Mr. Waters must respond to this show cause 6 order no later than April 24, 2023. Alternatively, Mr. Waters may discharge this show 7 cause order by filing a motion for default judgment by April 24, 2023. Failure to timely 8 respond to this order to show cause may result in the dismissal of this action with

9 prejudice. See Henderson, 779 F.2d at 1423 (discussing factors that the court considers 10 in determining whether to dismiss for failure to prosecute). 11 Dated this 14th day of April, 2023. 12 A 13 14 JAMES L. ROBART United States District Judge 15 16 17 18 19 20 21 22

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