Plaintiff Is Ordered to Show Cause Why Its Suit Shouldn’t Be Dismissed for Lack of Prosecution
U.S. District Judge William Dimitrouleas for Southern Florida in Fort Lauderdale gave plaintiff Kawa Orthodontics until Dec. 5 to either move for a clerk’s entry of default against defendant Northwell Health Labs or show cause why its complaint against Northwell…
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shouldn’t be dismissed for lack of prosecution, said his signed order Tuesday (docket 9:23-cv-81424). A failure to comply “may result in immediate dismissal of this case without prejudice,” said the order. Kawa sued Northwell Oct. 26 in a Telephone Consumer Protection Act class action to halt its practice of sending unsolicited fax advertisements promoting its lab services to unhappy recipients (see 2310270005). Northwell was properly served with the complaint Oct. 27 but missed its Nov. 17 deadline to file an answer or otherwise respond, and still hadn’t done so as of Tuesday’s order, said the judge. Though Northwell failed to timely respond to the complaint, Kawa hasn’t yet moved for a clerk’s entry of default, said the order.