Safaeva v. Delta Air Lines Inc.

Filing 15

SECOND ORDER TO SHOW CAUSE: Show Cause Response due by 12/5/2024. Signed by Judge Thomas S. Hixson on 11/22/2024. (tshlc1, COURT STAFF) (Filed on 11/22/2024)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MALIKA SAFAEVA,

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Plaintiff,

United States District Court
Northern District of California

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Case No. 24-cv-02312-TSH
SECOND ORDER TO SHOW CAUSE

v.

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DELTA AIR LINES INC.,

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Defendant.

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On August 5, 2024, the Court order Plaintiff Malika Safaeva to show cause why this case

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should not be dismissed for failure to prosecute and failure to comply with court deadlines. ECF

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No. 7. Having reviewed Plaintiff’s declaration in response (ECF No. 9), the Court discharged the

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show cause order and ordered Plaintiff to serve Defendant Delta Airlines, Inc. by September 16,

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2024. ECF No. 10. The Court also continued the initial case management conference to

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November 7 and extended all related deadlines accordingly. Although it appears Plaintiff

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subsequently served Defendant on August 26 (ECF No. 12), Defendant has made no appearance,

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and Plaintiff did not file a case management statement in advance of the November 7 conference.

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As such, the Court vacated the conference and ordered Plaintiff to file a status report by November

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14, 2024. ECF No. 13. After Plaintiff failed to respond, the Court extended the deadline to

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November 21. ECF No. 14. Plaintiff again failed to respond.

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The Court possesses the inherent power to dismiss an action sua sponte “to achieve the

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orderly and expeditious disposition of cases.” Link v. Wabash R.R. Co., 370 U.S. 626, 629-33

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(1962). Accordingly, the Court ORDERS Plaintiff Malika Safaeva to show cause why this case

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should not be dismissed for failure to prosecute and failure to comply with court deadlines.

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Plaintiff shall file a declaration by December 5, 2024. Notice is hereby provided that failure to file

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a written response will be deemed an admission that you do not intend to prosecute, and this case

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will likely be dismissed. Thus, it is imperative the Court receive a written response by the

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deadline above.

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IT IS SO ORDERED.

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Dated: November 22, 2024

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THOMAS S. HIXSON
United States Magistrate Judge

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United States District Court
Northern District of California

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