California Case Summaries

Epifanio Tapias v. First Choice Auto Body & Repair, Inc., et al. — Court Orders Plaintiff to Show Cause Why Case Should Not Be Dismissed for Lack of Prosecution

Unreported / Non-Citable

Case
Epifanio Tapias v. First Choice Auto Body & Repair, Inc., et al.
Court
U.S. District Court — Central District of California
Judge
André Birotte Jr.
Date decided
2026-11-02
Docket No.
2:26-cv-09359
Topics
order to show cause, dismissal for lack of prosecution, failure to prosecute, entry of default, Federal Rule of Civil Procedure 55(a), inherent power to dismiss, Link v. Wabash, Rule 78 submission, chambers order

Disposition notice

On November 2, 2026, Judge André Birotte Jr. of the U.S. District Court for the Central District of California issued an in-chambers order requiring plaintiff Epifanio Tapias to show cause, in writing, on or before November 13, 2026, why the case should not be dismissed for lack of prosecution. The court acted on its own motion, citing its inherent power under Link v. Wabash R. Co., 370 U.S. 626 (1962). According to the order, defendant First Choice Auto Body & Repair, Inc. was served with the complaint on September 30, 2026, and its response was due October 21, 2026, but it did not answer; the plaintiff, however, failed to request entry of default under Federal Rule of Civil Procedure 55(a). The order states that the plaintiff can satisfy it by seeking entry of default or by dismissing the complaint, that the matter will stand submitted upon the filing of the plaintiff's response under Rule 78, and that failure to respond will be deemed consent to dismissal of the action.

Read the public order

Scroll to Top