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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MALIKA SAFAEVA, 8 Plaintiff, United States District Court Northern District of California 9 Case No. 24-cv-02312-TSH SECOND ORDER TO SHOW CAUSE v. 10 DELTA AIR LINES INC., 11 Defendant. 12 13 On August 5, 2024, the Court order Plaintiff Malika Safaeva to show cause why this case 14 should not be dismissed for failure to prosecute and failure to comply with court deadlines. ECF 15 No. 7. Having reviewed Plaintiff’s declaration in response (ECF No. 9), the Court discharged the 16 show cause order and ordered Plaintiff to serve Defendant Delta Airlines, Inc. by September 16, 17 2024. ECF No. 10. The Court also continued the initial case management conference to 18 November 7 and extended all related deadlines accordingly. Although it appears Plaintiff 19 subsequently served Defendant on August 26 (ECF No. 12), Defendant has made no appearance, 20 and Plaintiff did not file a case management statement in advance of the November 7 conference. 21 As such, the Court vacated the conference and ordered Plaintiff to file a status report by November 22 14, 2024. ECF No. 13. After Plaintiff failed to respond, the Court extended the deadline to 23 November 21. ECF No. 14. Plaintiff again failed to respond. 24 The Court possesses the inherent power to dismiss an action sua sponte “to achieve the 25 orderly and expeditious disposition of cases.” Link v. Wabash R.R. Co., 370 U.S. 626, 629-33 26 (1962). Accordingly, the Court ORDERS Plaintiff Malika Safaeva to show cause why this case 27 should not be dismissed for failure to prosecute and failure to comply with court deadlines. 28 Plaintiff shall file a declaration by December 5, 2024. Notice is hereby provided that failure to file 1 a written response will be deemed an admission that you do not intend to prosecute, and this case 2 will likely be dismissed. Thus, it is imperative the Court receive a written response by the 3 deadline above. 4 IT IS SO ORDERED. 5 6 Dated: November 22, 2024 7 THOMAS S. HIXSON United States Magistrate Judge 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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