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-06913-EJD 9 Plaintiff, ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE 10 Vv. DISMISSED 11 HARBOR BLUE, INC., W Defendant.

Plaintiff Scott Johnson filed the present action on September 7, 2021. Dkt. No. 1.

14 || Pursuant to the Court’s order regarding Plaintiff’s request for administrative relief, Plaintiff's last

15 day to file a notice of need for mediation was May 24, 2022. Dkt. No. 18. Plaintiff did not file a a 16 notice of need for mediation, nor did Plaintiff seek relief from the May 24, 2022 deadline.

= 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 June 20, 2022 and to appear 20 before the Court on June 30, 2022, at 10:00 a.m. and show cause why this action should not be 21 dismissed with prejudice for failure to prosecute pursuant to Federal Rule of Civil Procedure 22 || 41(b). If Plaintiff fails to file a written response by the above deadline, the Court will dismiss the 23 action with prejudice pursuant to Federal Rule of Civil Procedure 41(b). 24 IT IS SO ORDERED. 25 Dated: May 25, 2022 26 EDWARD J. DAVILA 27 United States District Judge 28 || Case No.: 5:21-cv-06913-EJD OSC WHY ACTION SHOULD NOT BE DISMISSED