Lingling Fan v. California University - Silicon Valley, et al.
Lingling Fan v. California University - Silicon Valley, et al.
Trial Court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 LINGLING FAN, Case No. 25-cv-07860-VKD
9 Plaintiff, ORDER TO SHOW CAUSE 10 v. REGARDING FAILURE TO PROSECUTE 11 CALIFORNIA UNIVERSITY - SILICON VALLEY, et al., 12 Defendants.
13 14 On November 3, 2025, the Court issued an order screening Ms. Fan’s complaint, staying 15 service of process, and giving Ms. Fan leave to file an amended complaint by November 21, 2025. 16 Dkt. No. 15. The order stated that “[i]f Ms. Fan does not file an amended complaint in time, or if 17 the amended complaint fails to cure all defects described above, the Court may issue an order 18 reassigning the case to a district judge with a recommendation that the complaint be dismissed in 19 whole or in part.” Id. at 6. 20 The November 21, 2025 deadline has passed, and the docket indicates that Ms. Fan has not 21 filed an amended complaint. 22 The Court possesses the inherent power to dismiss an action sua sponte “to achieve the 23 orderly and expeditious disposition of cases.” Link v. Wabash R.R. Co.,
370 U.S. 626, 629-33 24 (1962). By December 31, 2025, Ms. Fan shall file a written response to this order explaining why 25 this action should not be dismissed for her failure to prosecute this case. If Ms. Fan does not 26 respond to this order by the December 31, 2025 deadline, the Court will issue an order reassigning 27 this action to a district judge with a recommendation that the complaint be dismissed without 1 In view of the current posture of these proceedings, the December 16, 2025 initial case 2 || management conference is taken off calendar. 3 IT IS SO ORDERED. 4 Dated: December 8, 2025 5 <8 6 Virginia K. DeMarchi 7 United States Magistrate Judge 8 9 10 11 12
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Reference
- Status
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