Australasia Charterers Ltd v. Worldwide Bulk Shipping Pte Ltd

— 1 — — 2 — — 3 — — 4 — — 5 — — 6 — — 7 — UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON — 8 — AT SEATTLE — 9 — AUSTRALASIA CHARTERERS LTD., CASE NO. C21-98 RSM — 10 — Plaintiff, ORDER TO SHOW CAUSE — 11 — v. — 12 — WORLDWIDE BULK SHIPPING PTE 13 LTD., 14 Defendant, 15 and 16 WORLDWIDE LOGISTICS CO. LTD., CARGILL, INCORPORATED, — 17 — Garnishees. — 18 — This matter comes before the Court sua sponte. This case was filed on January 26, — 19 — 2021. On April 20, 2021, Plaintiff moved for Default against the Garnishee Worldwide — 20 — Logistics Co., Ltd. Dkt. #23. That Motion was denied by the Court on May 5, 2021. Dkt. #24. — 21 — Since then, Plaintiff has taken no action or otherwise communicated with the Court. — 22 — Rule 41(b) allows district courts to dismiss an action for failure to prosecute or to — 23 — comply with rules or a court order. See Fed. R. Civ. P. 41(b); Link v. Wabash R. Co., 370 U.S. 24 1 626, 629-30, 82 S. Ct. 1386 , 8 L. Ed. 2d 734 (1962) (a district court's “power to [dismiss an action for failure to prosecute] is necessary in order to prevent undue delays in the disposition — 2 — of pending cases and to avoid congestion” in the calendars of the district courts); Hells Canyon — 3 — Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005) (explaining that “courts — 4 — may dismiss under Rule 41(b) sua sponte” for a plaintiff’s failure to prosecute or comply with — 5 — the court’s orders or the Federal Rules of Civil Procedure); Ghazali v. Moran, 46 F.3d 52 , 53 — 6 — (9th Cir. 1995) (failure to follow a district court’s local rules is a proper ground for dismissal). — 7 — It appears that Plaintiff has failed to prosecute its case. In Response to this Order, — 8 — Plaintiff must write a short statement explaining why this case should not be dismissed given — 9 — the above. This Response may not exceed six (6) pages. — 10 — The Court hereby finds and ORDERS that Plaintiff shall file this Response to this Order — 11 — to Show Cause no later than thirty (30) days from the date of this Order. Failure to file this — 12 — Response will result in dismissal of this case. — 13 — — 14 — DATED this 6th day of November, 2023. — 15 — — 16 — — 17 — A — 18 — RICARDO S. MARTINEZ — 19 — UNITED STATES DISTRICT JUDGE — 20 — — 21 — — 22 — — 23 — — 24 —