1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 SCOTT JOHNSON, Case No. 20-cv-08113-EJD

9 Plaintiff, ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE 10 v. DISMISSED

11 LANDESS INSTITUTE LLC, et al., Defendants. 12

13 14 Plaintiff Scott Johnson filed the present action on November 18, 2020. Dkt. No. 1. 15 Pursuant to General Order 56, the parties’ last day to conduct a joint site inspection was January 16 27, 2021 and Plaintiff’s last day to file a notice of need for mediation was March 10, 2021. Dkt. 17 No. 5. Plaintiff did not file a notice of need for mediation, nor did Plaintiff seek relief from the 18 March 10, 2021 deadline. 19 The Court possesses the inherent power to dismiss an action sua sponte “to achieve the 20 orderly and expeditious disposition of cases.” Link v. Wabash R.R. Co.,

, 629–33 21 (1962). Plaintiff is directed to file a written response to this order by July 26, 2021 and to appear 22 before the Court on August 5, 2021, at 10:00 a.m. and show cause why this action should not be 23 dismissed with prejudice for failure to prosecute pursuant to Federal Rule of Civil Procedure 24 41(b). If Plaintiff fails to file a written response by the above deadline, the Court will dismiss the 25 /// 26 /// 27 /// 1 action with prejudice pursuant to Federal Rule of Civil Procedure 41(b). 2 IT IS SO ORDERED. 3 Dated:7/13/2021

5 EDWARD J. DAVILA 6 United States District Judge 7 8 9 10 11 12

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Z 18 19 20 21 22 23 24 25 26 27 28 || Case No.: 20-cv-08113-EJD OSC WHY ACTION SHOULD NOT BE DISMISSED