California Case Summaries

ATA Logistics, Inc. v. Pearce Worldwide Logistics, Inc., et al. — Court Orders Plaintiff to Show Cause Why Case Should Not Be Dismissed for Lack of Prosecution

Unreported / Non-Citable

Case
ATA Logistics, Inc. v. Pearce Worldwide Logistics, Inc., et al.
Court
U.S. District Court — Central District of California
Judge
André Birotte Jr.
Date decided
2026-10-28
Docket No.
2:26-cv-03547
Topics
show cause order, dismissal for lack of prosecution, entry of default, default judgment, Federal Rule of Civil Procedure 55, inherent power, Link v. Wabash

Disposition notice

On October 28, 2026, the U.S. District Court for the Central District of California issued an in-chambers order requiring Plaintiff ATA Logistics, Inc. to show cause, in writing, on or before November 6, 2026, why this action 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). The order states that Plaintiff obtained entry of default as to Defendant AD Freight Express Inc. on September 16 (Dkt. No. 21) pursuant to Fed. R. Civ. P. 55(a), but has not sought default judgment under Rule 55(b). Plaintiff can satisfy the order by seeking default judgment or by notifying the court that default judgment will not be sought, at which point the clerk will close the matter. Failure to respond will be deemed consent to dismissal. The matter will stand submitted upon the filing of Plaintiff's response. See Fed. R. Civ. P. 78.

Read the public order

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