(PS) King v. CA Dept. of Water Resources

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA ELISE KING, Case No. 2:17-cv-01257-JDP 12 Plaintiff, ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR 13 v. FAILURE TO PROSECUTE CALIFORNIA DEPARTMENT OF RESPONSE DUE WITHIN 30 DAYS WATER RESOURCES, et al., 15 ORDER VACATING THE DECEMBER 10, Defendants. 2020 MOTION HEARING On November 6, 2020, defendants filed a motion for judgment on the pleadings and noticed the motion for hearing. ECF No. 33. Plaintiff has not responded, and the deadline to do so has now passed. Accordingly, the court will order plaintiff to show cause why this case should not be dismissed for failure to prosecute. The court will also grant plaintiff another opportunity to respond to the pending motion and vacate the hearing.

To manage its docket effectively, the court imposes deadlines on litigants and requires litigants to meet those deadlines. The court may dismiss a case for plaintiff’s failure to prosecute or failure to comply with a court order. See Fed. R. Civ. P. 41(b); Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005). Involuntary dismissal is a harsh penalty, but a district court has a duty to administer justice expeditiously and avoid needless burden for the parties. See Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Fed. R. Civ. P. 1. The | court will give plaintiff a chance to explain why the court should not dismiss the case for | plaintiffs failure to prosecute. Plaintiff's failure to respond to this order will constitute a failure | tocomply with a court order and will result in dismissal of this case.

4 Accordingly, it is hereby ordered that: 5 1. Plaintiff is ordered to show cause within 30 days why this case should not be 6 dismissed for failure to prosecute.

7 2. Plaintiffis ordered to file a response to defendants’ motion for judgment on the 8 pleadings, ECF No. 33, within 30 days of the date of entry of this order.

9 3. The motion hearing set for December 10, 2020 is hereby vacated.

10 4. Defendants’ motion for judgment, ECF No. 33, will be submitted on the briefs without 11 a hearing. Defendants may file a reply within seven days of service of plaintiff's 12 response.

4 IT IS SO ORDERED.

15 ( 1 ow — Dated: _ December 9, 2020 Q_—_—.

16 JEREMY D. PETERSON 7 UNITED STATES MAGISTRATE JUDGE