Love v. Nguyen

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

SAMUEL LOVE, Case No. 5:20-cv-02072-EJD

Plaintiff, ORDER VACATING JUNE 17, 2021

STATUS CONFERENCE; ORDER TO v. SHOW CAUSE WHY ACTION

SHOULD NOT BE DISMISSED

DONG NGUYEN, et al.,

Defendants.

Plaintiff Samuel Love filed the present action on March 25, 2020. Dkt. No. 1. Defendants Dong Nguyen and Ngoc Dung Huynh filed an answer on June 3, 2020. Dkt. No. 11. Plaintiff filed the summons return on June 10, 2020. Dkt. No. 12. Plaintiff has taken no further action in the case since.

The Court possesses the inherent power to dismiss an action sua sponte “to achieve the orderly and expeditious disposition of cases.” Link v. Wabash R.R. Co., 370 U.S. 626, 629–33 (1962). Plaintiff is directed to file a written response to this order by June 21, 2021, and to appear before the Court on July 1, 2021, at 10:00 a.m. and show cause why this action should not be dismissed with prejudice for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). If Plaintiff fails to file a written response by June 21, 2021, the Court will dismiss the action with prejudice pursuant to Federal Rule of Civil Procedure 41(b).

1 The status conference scheduled for June 17, 2021 is hereby VACATED.

2 IT IS SO ORDERED.

3 Dated: June 14, 2021

6 EDWARD J. DAVILA United States District Judge ll a 12

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Case No.: 5:20-cv-02072-EJD

ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED