Morris CM Enterprises, LLC v. Wingstop Franchising LLC

7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA | MORRIS CM ENTERPRISES, LLC, No. 2:19-cv-02306-KJM-CKD 11 Plaintiff, ORDER 12 v. | WINGSTOP FRANCHISING, LLC., Defendants.

19 On September 11, 2020, this court stayed plaintiff's arbitrable claims in the present case | pending resolution of arbitration. ECF No. 40. On September 22, 2021, the parties submitted a | joint status report in which defendant informed the court plaintiff “has neither initiated arbitration | proceedings nor communicated with [defendants] regarding this case or the disputed issues in any | way.” JSR at 2, ECF No. 44. Plaintiff asked this court to “proceed with the litigation here in | California” and blamed the pandemic for the delay in arbitration, but gave the court no | information regarding any plans to initiate future arbitration proceedings. /d. Thus, plaintiff is | ordered to show cause within fourteen days why this action should not be dismissed for lack of | prosecution under Federal Rule of Civil Procedure 41(b). See Hernandez v. City of El Monte, | 138 F.3d 393, 399 (9th Cir. 1998) (citing Henderson v. Duncan, 779 F.2d 1421 (9th Cir. 1986)).

1 IT IS SO ORDERED.

2 DATED: March 22, 2023.

CHIEF ED STATES DISTRICT JUDGE