Brooke v. San Jose Harris Way Hotel LP

United States District Court for the Northern District of California

Brooke v. San Jose Harris Way Hotel LP

Trial Court Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 THERESA BROOKE, Case No. 20-cv-09412-VKD 9 Plaintiff, ORDER TO SHOW CAUSE RE 10 Vv. DISMISSAL 11 SAN JOSE HARRIS WAY HOTEL LP, 2 Defendant.

13 14 Plaintiff filed this action on December 29, 2020. There is no indication that defendant has 3 15 || been served with the complaint and summons. Additionally, pursuant to General Order No. 56 a 16 || and the Court’s scheduling order (Dkt. No. 4), plaintiff's notice of need for mediation should have 3 17 been filed no later than June 11, 2021. No such notice has been filed. Indeed, other than several 18 || clerk’s notices filed by the Court, there has been little or no activity on this docket since plaintiff 19 || filed the complaint last December. 20 The Court possesses the inherent power to dismiss an action sua sponte “to achieve the 21 || orderly and expeditious disposition of cases.” Link v. Wabash R.R. Co.,

370 U.S. 626

, 629-33 22 || (1962). By July 16, 2021, plaintiff shall file a statement in response to this order, showing cause 23 || why this action should not be dismissed for failure to prosecute. 24 IT IS SO ORDERED. 25 || Dated: July 7, 2021 26

VIRGINIA K. DEMARCHI 28 United States Magistrate Judge

Reference

Status
Unknown