Johnson v. Guo

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

SCOTT JOHNSON, Case No. 21-cv-01477-EJD

Plaintiff, ORDER TO SHOW CAUSE WHY

ACTION SHOULD NOT BE v. DISMISSED

KAINING GUO,

Defendant.

Plaintiff Scott Johnson filed the present action on March 2, 2021. Dkt. No. 1. Pursuant to General Order 56, the parties’ last day to conduct a joint site inspection was May 10, 2021 and Plaintiff’s last day to file a notice of need for mediation was June 21, 2021. Dkt. No. 5. Plaintiff did not file a notice of need for mediation, nor did Plaintiff seek relief from the June 21, 2021 deadline.

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 July 26, 2021 and to appear before the Court on August 5, 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 the above deadline, the Court will dismiss the

1 action with prejudice pursuant to Federal Rule of Civil Procedure 41(b).

2 IT IS SO ORDERED.

3 Dated:7/13/2021

EDWARD J. DAVILA 6 United States District Judge

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Case No.: 21-cv-01477-EJD

OSC WHY ACTION SHOULD NOT BE DISMISSED