Grewell v. Credit Control LLC

United States District Court for the Northern District of California

Grewell v. Credit Control LLC

Trial Court Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 RACHAEL LETICIA GREWELL, Case No. 23-cv-01405-PCP

8 Plaintiff, ORDER TO SHOW CAUSE v. 9

10 LVNV FUNDING LLC, Defendant. 11

12 13 On August 21, 2024, the Court issued a Clerk’s Notice setting the Initial Case 14 Management Conference in this matter for October 3, 2024. Dkt. No. 24. The Joint Case 15 Management Statement for this conference was due by no later than September 19, 2024. Id. After 16 the parties failed to file their statement by the deadline, the Court issued a further order requiring 17 the parties to file their statement by September 25, 2024. Dkt No. 25. The parties again failed to 18 file any statement. On October 3, 2024, the parties failed to appear before the Court for the Initial 19 Case Management Conference. 20 Pursuant to Rule 41(b), a district court may sua sponte dismiss an action for failure to 21 prosecute or comply with a court order. See Link v. Wabash R.R.,

370 U.S. 626, 633

(1962); 22 McKeever v. Block,

932 F.2d 795, 797

(9th Cir. 1991). But such a dismissal should only be 23 ordered when the failure to comply is unreasonable. See

id.

A district court should afford the 24 litigant prior notice of its intention to dismiss. See Malone v. United States Postal Serv.,

833 F.2d 25

128, 133 (9th Cir. 1987). Plaintiff Grewell is therefore ordered to show cause why this action 26 should not be dismissed for failure to prosecute. Grewell’s response must be filed within 28 days 27 of this Order. 1 IT IS SO ORDERED. 2 Dated: October 4, 2024 leo~ 4 P. Casey Fitts 5 United States District Judge 6 7 8 9 10 11 12

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Reference

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