Erskine

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MIKE ERSKINE, Case No.: 3:24-cv-01215-RBM-BLM

Plaintiff,

ORDER DISMISSING THIS ACTION

v. FOR FAILURE TO

PROSECUTE

RANDALL FRAGER, EASTLAB, LLC, Defendant. 16 On November 15, 2024, this Court issued an Order to Show Cause (“OSC”) ordering Plaintiff Mike Erskine (“Plaintiff”) to explain by December 2, 2024 “why this matter should not be dismissed for failure to prosecute.” (Doc. 3 at 1.) Plaintiff had not filed a proof of service demonstrating Defendant Randall Frager, the CEO of Eastlab, LLC, (“Defendant”) was properly or timely served. In its OSC, the Court cautioned Plaintiff “that failure to timely respond to this [OSC] will result in dismissal of this case.” (Id. at 2.) As of the date of this Order, Plaintiff has not responded to the OSC and has not filed a proof of service or otherwise demonstrated that Defendant was properly served. I. LEGAL STANDARD …