United States District Court, C.D. California
November 21, 2014
Unity America Fund
Homeaway.com Inc., et al
Attorneys for Plaintiff: Not Present.
Attorneys for Defendant: Not Present.
The Honorable MICHAEL W. FITZGERALD, United States District Judge.
Proceedings (In Chambers): ORDER SCHEDULING HEARING RE: DISMISSAL FOR LACK OF PROSECUTION
On October 17, 2014, the Court ordered Plaintiff to show cause, in writing, no later than November 17, 2014, why this action should not be dismissed for lack of prosecution. (Docket No. 5). This deadline has now passed, and the Order to Show Cause has not been discharged.
Accordingly, the Court ORDERS counsel for Plaintiff to appear, in person, on December 1, 2014 at 11:30 a.m. If counsel fails to appear, this case will be dismissed with prejudice. If Plaintiff files a proof of service of summons and complaint prior to the hearing, counsel must still appear, but the case will not be dismissed. If Plaintiff files a stipulation of dismissal, Fed.R.Civ.P. 41(a)(1)(A)(ii), or a request for dismissal, Fed.R.Civ.P. 41(a)(2), then the OSC will be discharged and no appearance is necessary.
IT IS SO ORDERED.