03/10/2010 48 ORDER TO SHOW CAUSE as to United States Securities and Exchange Commission as to why defendants K & L Enterprises Inc. and Lawrence A. Powalisz should not be dismissed for failure to prosecute (no responsive pleading filed) pursuant to FRCP 55(a). Response due within 14 days Signed by Judge Gregory A. Presnell on 3/10/2010. (counsel mailed/emailed)(AKJ) (Entered: 03/10/2010)
In law, the term sua sponte (Latin "on its own will or motion.") means to act spontaneously without prompting from another party. The term is usually applied to actions by a judge taken without a prior motion or request from the parties. The plural form nostra sponte is sometimes used when the action is taken by a multi-member court, such as an appellate court, rather than a single judge. While usually applied to actions of the court, the term reasonably may be applied to actions by government agencies and individuals acting in official capacity.
One situation in which a party might encourage a judge to move sua sponte occurs when that party is preserving a special appearance (usually to challenge jurisdiction), and therefore cannot make motions on its own behalf without making a general appearance. Common reasons for an action taken sua sponte are when the judge determines that the court does not have subject-matter jurisdiction or that the case should be moved to another judge because of a conflict of interest, even if all parties disagree.
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