Case 5:18-cv-01221-JGB-SHK Document 27 Filed 10/25/22 Pagelof1 Page ID#:115

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES—GENERAL

Case □□□ EDCV 18-1221 JGB (SHKx) Date October 25, 2022 Title Samuel Love v. Silver Spruce Properties LP, et al.

Present: The Honorable JESUS G. BERNAL, UNITED STATES DISTRICT JUDGE

__MAYNORGALVEZ ______NotReported Deputy Clerk Court Reporter

Attorney(s) Present for Plaintiff(s): Attorney(s) Present for Defendant(s): None Present None Present

Proceedings: Order to Show Cause (INCHAMBERS)

On June 7, 2018, Plaintiff filed his Complaint. (““Complaint,” Dkt. No. 1.) On February 17, 2022, the Court ordered Plaintiff to show cause why the Court should exercise supplemental jurisdiction over his Unruh Act claim. (See “OSC,” Dkt. No. 19.) Plaintiff responded on February 23, 2022. (“OSC Response,” Dkt. No. 20.) On October 5, 2022, the Court issued an Order declining supplemental jurisdiction over Plaintiff’s Unruh Act claim and dismissing the claim. (“Order,” Dkt. No. 26.) Since it was filed on June 7, 2018, there has been little substantive activity in this case. Rule 41(b) of the Federal Rules of Civil Procedure grants the Court authority to sua sponte dismiss actions for failure to prosecute or failure to comply with court orders. See Fed. R. Civ. P. 41(b); Wolff v. California,

(C.D. Cal. 2016). A plaintiff must prosecute her case with “reasonable diligence” to avoid dismissal pursuant to Rule 41(b). Anderson v. Air W., Inc.,

(9th Cir. 1976). Here, it appears that Plaintiff may have failed to prosecute his case with reasonable diligence because the case has been largely dormant for over four years. Accordingly, the Court orders Plaintiff to show cause in writing no later than November 7, 2022, why this action should not be dismissed for failure to prosecute. On or before that date, Plaintiff must also indicate whether he intends to proceed with this action in federal court despite the dismissal of his Unruh Act claim or whether he will voluntarily dismiss the case. IT IS SO ORDERED.

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