1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 SCOTT JOHNSON, Case No. 5:21-cv-02573-EJD

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

11 MARIA CABRERA, Defendant. 12

13 14 Plaintiff Scott Johnson filed the present action on April 9, 2021. Dkt. No. 1. Pursuant to 15 General Order 56, the parties’ last day to conduct a joint site inspection was July 16, 2021 and 16 Plaintiff’s last day to file a notice of need for mediation was August 27, 2021. Dkt. No. 5. 17 Plaintiff did not file a notice of need for mediation, nor did Plaintiff seek relief from the August 18 27, 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 September 20, 2021 and to 22 appear before the Court on September 30, 2021, at 10:00 a.m. and show cause why this action 23 should not be dismissed with prejudice for failure to prosecute pursuant to Federal Rule of Civil 24 Procedure 41(b). If Plaintiff fails to file a written response by the above deadline, the Court will 25 dismiss the action with prejudice pursuant to Federal Rule of Civil Procedure 41(b). 26 /// 27 /// 1 IT IS SO ORDERED. 2 || Dated: September 2, 2021 3 4 EDWARD J. DAVILA 5 United States District Judge 6 7 8 9 10 11 a 12

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Z 18 19 20 21 22 23 24 25 26 27 28 || Case No.: 5:21-cv-02573-EJD OSC WHY ACTION SHOULD NOT BE DISMISSED