1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 SCOTT JOHNSON, Case No. 21-cv-01399-EJD

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

11 WINCHESTER CAMPBELL PROPERTIES, LLC, 12 Defendant.

13 14 Plaintiff Scott Johnson filed the present action on February 26, 2021. Dkt. No. 1. Pursuant 15 to General Order 56, the parties’ last day to conduct a joint site inspection was May 25, 2021 and 16 Plaintiff’s last day to file a notice of need for mediation was July 13, 2021. Dkt. No. 5. Plaintiff 17 did not file a notice of need for mediation, nor did Plaintiff seek relief from the July 13, 2021 18 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, 2021and 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 OO 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.: 21-cv-01399-EJD OSC WHY ACTION SHOULD NOT BE DISMISSED