1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 SAN JOSE DIVISION 6 7 SCOTT JOHNSON, Case No. 5:21-cv-02670-EJD 8 Plaintiff, ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE 9 v. DISMISSED 10 SONORENSE CORPORATION, INC., ll Defendant. 12 Plaintiff Scott Johnson filed the present action on April 14, 2021. Dkt. No. 1. Pursuant to 5 13 General Order 56, the parties’ last day to conduct a joint site inspection was July 5, 2021 and 14 || Plaintiffs last day to file a notice of need for mediation was August 15, 2021. Dkt. No. 5. 3 15 || Plaintiff did not file a notice of need for mediation, nor did Plaintiff seek relief from the August a 16 15, 2021 deadline. 3 17 The Court possesses the inherent power to dismiss an action sua sponte “to achieve the 18 || orderly and expeditious disposition of cases.” Link v. Wabash R.R. Co.,

, 629-33 19 (1962). Plaintiff is directed to file a written response to this order by October 4, 2021 and to 20 appear before the Court on October 14, 2021, at 10:00 a.m. and show cause why this action 21 should not be dismissed with prejudice for failure to prosecute pursuant to Federal Rule of Civil 22 Procedure 41(b). If Plaintiff fails to file a written response by the above deadline, the Court will 23 dismiss the action with prejudice pursuant to Federal Rule of Civil Procedure 41(b). 24 IT IS SO ORDERED. 25 Dated: September 15, 2021 26 a0. EDWARD J. DAVILA 27 United States District Judge 28 || Case No.: 5:21-cv-02670-EJD OSC WHY ACTION SHOULD NOT BE DISMISSED