Johnson v. Eastridge Medical Center, L.P.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

SCOTT JOHNSON, Case No. 5:21-cv-00222-EJD

Plaintiff, ORDER TO SHOW CAUSE WHY

ACTION SHOULD NOT BE v. DISMISSED

EASTRIDGE MEDICAL CENTER, L.P.,

Defendant.

Plaintiff Scott Johnson filed the present action on January 11, 2021. Dkt. No. 1. Plaintiff did not file proof of summons served, but Defendant Eastridge Medical Center, L.P. filed an answer on February 16, 2021. Dkt. No. 8. Assuming the latest possible service date of February 15, 2021, pursuant to General Order 56, the parties’ last day to conduct a joint site inspection was April 16, 2021 and Plaintiff’s last day to file a notice of need for mediation was May 28, 2021. See Dkt. No. 5. Plaintiff did not file a notice of need for mediation, nor did Plaintiff seek relief from the May 28 deadline. Neither party has taken any action in this case since April 27, 2021. 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 September 20, 2021 and to appear before the Court on September 30, 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 action with prejudice pursuant to Federal Rule of Civil Procedure 41(b).

1 IT IS SO ORDERED.

2 || Dated: September 2, 2021

EDWARD J. DAVILA 5 United States District Judge a 12

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Case No.: 5:21-cv-00222-EFJD

OSC WHY ACTION SHOULD NOT BE DISMISSED