(a) If a party makes proper service of a pleading seeking affirmative relief but, after the
time for making a response has passed without any response having been served and
filed, that party does not request the Clerk to enter a default, the Court may by written
order direct the party to show cause why the claims in that pleading should not be
dismissed for failure to prosecute.
(b) If a party obtains a default but does not, within a reasonable time thereafter, file a
motion for a default judgment, the Court may by written order direct the party to show
cause why the claims upon which default was entered should not be dismissed for
failure to prosecute.
(c) Nothing in this Rule shall be construed to limit the Court’s power, either under Fed. R.
Civ. P. 41 or otherwise, to dismiss a case or one or more claims or parties for failure to
prosecute.
