Judge Warns of Dismissing Case vs. Amazon for ‘Failure to Prosecute’

U.S. District Judge Cathy Ann Bencivengo for Southern California in San Diego signed an order Monday (docket 3:22-cv-01764) demanding proof by Feb. 27 that plaintiffs Barbara Brittain and Linda Dial served their fraud class action on defendant Amazon, or to show cause in writing why their case shouldn't be dismissed “for failure to prosecute.” Since the complaint was filed and a summons issued, both Nov. 10, “no other activity has occurred in this case, and there is no indication on the docket that the complaint has been served,” said Bencivengo’s order. Brittain and Dial allege Amazon “misrepresents” the benefits of Prime memberships when it advertises products available for free shipping in one or two days but in reality keeps members “waiting substantially beyond” those promised turnaround times (see 2211130001).