1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 GERARDO HERNANDEZ, Case No. 19-cv-03029-VKD

9 Plaintiff, ORDER TO SHOW CAUSE WHY 10 v. ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO 11 CHI MAI, et al., PROSECUTE 12 Defendants.

13 14 Plaintiff Gerardo Hernandez filed this action against defendants Chi Mai and Kim Hang 15 Bui on May 31, 2019. Dkt. No. 1. Mr. Hernandez served the defendants on June 16, 2019, but to 16 date, neither defendant has appeared. Dkt. Nos. 10, 11. On July 31, 2019, Mr. Hernandez moved 17 for an entry of default as to both defendants, which the Clerk of the Court entered on August 2, 18 2019. Dkt. Nos. 11, 12. No action has been taken since. 19 On December 5, 2019, the Court issued an order requiring Mr. Hernandez to file a status 20 report by December 12, 2019. Mr. Hernandez did not file a status report by the December 12 21 deadline, nor did he seek relief from that deadline.1 22 The Court possesses the inherent power to dismiss an action sua sponte “to achieve the 23 orderly and expeditious disposition of cases.” Link v. Wabash R.R. Co.,

, 629–33 24 (1962). Mr. Hernandez is directed to file a written response to this order by December 18, 2019 25 and to appear before the Court on December 20, 2019 at 10:00 a.m. in Courtroom 2, Fifth Floor, 26 280 South First Street, San Jose, California 95113 and show cause why this action should not be 27 1 dismissed without prejudice for failure to prosecute. 2 IT IS SO ORDERED. 3 Dated: December 13, 2019 4 «8 5 VIRGINIA K. DEMARCHI 6 United States Magistrate Judge 7 8 9 10 11 12

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