Cox v. Ford Motor Company
Cox v. Ford Motor Company
Trial Court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DAAVON COX, Case No. 21-cv-05386-HSG
8 Plaintiff, ORDER TO SHOW CAUSE 9 v. Re: Dkt. No. 36
10 FORD MOTOR COMPANY, et al., 11 Defendants. 12 DAAVON COX, Case No. 21-cv-05388-HSG
13 Plaintiff, Re: Dkt. No. 34 14 v.
15 FORD MOTOR COMPANY, et al., 16 Defendants.
17 18 Plaintiff Daavon Cox initially filed these actions pro se in Alameda Superior Court. 19 Plaintiff brough the first case, Cox v. Ford Motor Company, 21-cv-05386-HSG (“Cox I”), against 20 Defendants Ford Motor Company and Edward Welburn, the former Vice President of Global 21 Design for General Motors. See Dkt. No. 13 at 1, n.1. Plaintiff brought the second case, Cox v. 22 Ford Motor Company, 21-cv-05388-HSG (“Cox II”), against Defendants Ford Motor Company 23 and Edward Welburn. He also listed Elon Musk as an agent or employee of Defendants. See Cox 24 II, Dkt. No. 1-2, Ex. A at 8. On April 28, 2022, the Court granted Defendant Ford Motor Company’s motions to dismiss the claims in both cases. In the order, the Court gave Plaintiff until 25 May 27, 2022, to amend the complaints to address the deficiencies that the Court identified. The 26 Court further cautioned that failure to file an amended complaint by this deadline may result in the 27 1 however, Plaintiff has not amended the complaints in Cox I or Cox II. 2 Federal Rule of Civil Procedure 41(b) provides that where a “plaintiff fails to prosecute or 3 to comply with these rules or a court order, a defendant may move to dismiss the action or any 4 || claim against it.” But a defendant need not file a motion in order for a district court to dismiss a 5 case under Rule 41(b). As the Supreme Court has explained, “[t]he authority of a court to dismiss 6 || Sua sponte for lack of prosecution has generally been considered an ‘inherent power,’ governed 7 not by rule or statute but by the control necessarily vested in courts to manage their own affairs.” 8 See Link v. Wabash R. Co.,
370 U.S. 626, 630-31(1962). 9 Accordingly, Plaintiff is ORDERED TO SHOW CAUSE why this case should not be 10 dismissed without prejudice for failure to prosecute. Plaintiff shall file a statement of no more than two pages by July 11, 2022. IT IS SO ORDERED. a (12 Dated: 6/15/2022
= 14 HAYWOOD S. GILLIAM, JR. B15 United States District Judge 16
= 17
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Reference
- Status
- Unknown