1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 BRIAN WHITAKER, Case No. 5:21-cv-00881-EJD

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

11 LSH PLUS LLC, Defendant. 12

13 14 Plaintiff Brian Whitaker filed the present action on February 4, 2021. Dkt. No. 1. 15 Pursuant to the Court’s September 2, 2021 Order granting the parties’ stipulation to set aside 16 default and General Order 56, the parties’ last day to conduct a joint site inspection was November 17 1, 2021 and Plaintiff’s last day to file a notice of need for mediation was December 13, 2021. Dkt. 18 Nos. 5, 20. Plaintiff did not file a notice of need for mediation, nor did Plaintiff seek relief from 19 the December 13, 2021 deadline. 20 The Court possesses the inherent power to dismiss an action sua sponte “to achieve the 21 orderly and expeditious disposition of cases.” Link v. Wabash R.R. Co.,

, 629–33 22 (1962). Plaintiff is directed to file a written response to this order by January 24, 2022 and to 23 appear before the Court on February 3, 2022, at 10:00 a.m. and show cause why this action 24 should not be dismissed with prejudice for failure to prosecute pursuant to Federal Rule of Civil 25 Procedure 41(b). If Plaintiff fails to file a written response by the above deadline, the Court will 26 dismiss the action with prejudice pursuant to Federal Rule of Civil Procedure 41(b). 27 /// 1 IT IS SO ORDERED. 2 Dated: January 7, 2022 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-00881-EJD OSC WHY ACTION SHOULD NOT BE DISMISSED