Wescott v. Meta Platforms, Inc.

Background

Carl A. Wescott filed the complaint on March 26, 2024, along with an application to proceed without paying filing fees. The court granted that application on April 2 and directed the Clerk of Court or the U.S. Marshal to serve Meta Platforms, Inc.

On April 5, the Clerk asked Wescott to provide Meta’s address for service. The opinion states that Wescott did not respond. It also states that a case management conference was scheduled for June 27, that a case management statement was due June 20, and that Wescott did not file the statement. The court further stated that Wescott had made no appearance since filing the complaint.

Order

The court cited its inherent power to dismiss an action on its own initiative to achieve the orderly and expeditious disposition of cases. It vacated the June 27 case management conference and ordered Wescott to show cause—meaning to explain—why the case should not be dismissed for failure to prosecute and failure to comply with court deadlines.

Wescott was ordered to file a declaration by July 5, 2024. The court warned that failing to file a written response would be treated as an admission that he did not intend to prosecute the case and that the case would likely be dismissed. The opinion does not state that the case was dismissed in this order.