Unreported / Non-Citable
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 to show cause in John Green Toland v. Ross Dress for Less, Inc., et al., No. 2:26-cv-10717-AB-KS, directing the plaintiff to explain in writing by November 13, 2026, why the case should not be dismissed for lack of prosecution. The court stated that the action was removed on September 21, 2026, that defendant Ross Dress for Less, Inc. had not answered or otherwise defended under Federal Rule of Civil Procedure 81(c)(2), and that the plaintiff had failed to request entry of default under Rule 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 response, and that failure to respond will be deemed consent to dismissal. The court cited Link v. Wabash R. Co., 370 U.S. 626 (1962), for its inherent power to dismiss for lack of prosecution on its own motion.