Werner v. Advance Newhouse Partnership, LLC et al

Filing 5

ORDER to Plaintiff to SHOW CAUSE Why the Action Should Not Be Dismissed for Failure to Prosecute and Failure to Comply with the Court's Order, signed by Magistrate Judge Jennifer L. Thurston on 9/24/2013. Show Cause Response due within 14 days. (Hall, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 ) ) Plaintiff, ) ) v. ) ADVANCE NEWHOUSE PARTNERSHIP, ) ) LLC, a New York limited liability company ) d/b/a BRIGHTHOUSE NETWORKS; and ) BRIGHTHOUSE NETWORKS, ) ) Defendants. ) PATRICIA WERNER, Case No.: 1:13-cv-01259 - LJO – JLT ORDER TO PLAINTIFF TO SHOW CAUSE WHY THE ACTION SHOULD NOT BE DISMISSED FOR HIS FAILURE TO PROSECUTE AND FAILURE TO COMPLY WITH THE COURT’S ORDER 18 19 Patricia Werner (“Plaintiff”) is proceeding pro se in this action for violations of Title VII and 20 the Equal Pay Act against Advance Newhouse Partnership, LLC and Brighthouse Networks. (Doc. 1). 21 On May 28, 2013, the Court determined Plaintiff failed to state a cognizable claim and dismissed the 22 complaint with leave to amend. (Doc. 3). Plaintiff was ordered Plaintiff to file an amended complaint 23 within thirty days of the date of service, or no later than September 18, 2013. (Id. at 8). To date, 24 Plaintiff has failed to comply with or otherwise respond to the Court’s order. 25 The Local Rules, corresponding with Fed. R. Civ. P. 11, provide: “Failure of counsel or of a 26 party to comply with . . . any order of the Court may be grounds for the imposition by the Court of any 27 and all sanctions . . . within the inherent power of the Court.” Local Rule 110. “District courts have 28 inherent power to control their dockets,” and in exercising that power, a court may impose sanctions 1 1 including dismissal of an action. Thompson v. Housing Authority of Los Angeles, 782 F.2d 829, 831 2 (9th Cir. 1986). A court may dismiss an action with prejudice, based on a party’s failure to prosecute 3 an action or failure to obey a court order, or failure to comply with local rules. See, e.g. Ferdik v. 4 Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (dismissal for failure to comply with an order 5 requiring amendment of complaint); Malone v. U.S. Postal Service, 833 F.2d 128, 130 (9th Cir. 1987) 6 (dismissal for failure to comply with a court order); Henderson v. Duncan, 779 F.2d 1421, 1424 (9th 7 Cir. 1986) (dismissal for failure to prosecute and to comply with local rules). 8 9 10 Accordingly, Plaintiff is ORDERED to show cause within 14 days of the date of service of this Order why the action should not be dismissed for her failure to prosecute and failure comply with the Court’s order or, in the alternative, to file an amended complaint. 11 12 13 14 IT IS SO ORDERED. Dated: September 24, 2013 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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