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-00222-EJD

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

11 EASTRIDGE MEDICAL CENTER, L.P., Defendant. 12

13 14 Plaintiff Scott Johnson filed the present action on January 11, 2021. Dkt. No. 1. Plaintiff 15 did not file proof of summons served, but Defendant Eastridge Medical Center, L.P. filed an 16 answer on February 16, 2021. Dkt. No. 8. Assuming the latest possible service date of February 17 15, 2021, pursuant to General Order 56, the parties’ last day to conduct a joint site inspection was 18 April 16, 2021 and Plaintiff’s last day to file a notice of need for mediation was May 28, 2021. 19 See Dkt. No. 5. Plaintiff did not file a notice of need for mediation, nor did Plaintiff seek relief 20 from the May 28 deadline. Neither party has taken any action in this case since April 27, 2021. 21 The Court possesses the inherent power to dismiss an action sua sponte “to achieve the 22 orderly and expeditious disposition of cases.” Link v. Wabash R.R. Co.,

, 629–33 23 (1962). Plaintiff is directed to file a written response to this order by September 20, 2021 and to 24 appear before the Court on September 30, 2021, at 10:00 a.m. and show cause why this action 25 should not be dismissed with prejudice for failure to prosecute pursuant to Federal Rule of Civil 26 Procedure 41(b). If Plaintiff fails to file a written response by the above deadline, the Court will 27 dismiss the action with prejudice pursuant to Federal Rule of Civil Procedure 41(b). 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

13

© 15 16

it

Z 18 19 20 21 22 23 24 25 26 27 28 || Case No.: 5:21-cv-00222-EFJD OSC WHY ACTION SHOULD NOT BE DISMISSED