Yang v. Francesca's Collections, Inc.

Filing 66

ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING Plaintiff TO SHOW CAUSE. (hsglc1S, COURT STAFF) (Filed on 4/19/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MIE YANG,
Plaintiff,

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United States District Court
Northern District of California

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Case No.17-cv-04950-HSG
ORDER TO SHOW CAUSE

v.
FRANCESCA'S COLLECTIONS, INC.,
Defendant.

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On March 8, 2018, former counsel for Plaintiff filed a motion to withdraw because

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Plaintiff had failed to respond to any of counsel’s communications related to the case since

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December 17, 2017. See Dkt. No. 53 at 3. On April 10, 2018, the Court ordered Plaintiff to

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appear in person at the hearing on the motion to withdraw, which was scheduled for April 19,

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2018. Dkt. No. 64. On April 19, 2018, the Court briefly heard argument on the motion, took the

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matter under submission, and granted it. See Dkt. No. 65. Plaintiff failed to appear at the hearing

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as ordered by the Court.

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Federal Rule of Civil Procedure 41(b) provides that where a “plaintiff fails to prosecute or

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to comply with these rules or a court order, a defendant may move to dismiss the action or any

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claim against it.” But a defendant need not file a motion in order for a district court to dismiss a

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case under Rule 41(b), given the Supreme Court’s statement that “[t]he authority of a court to

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dismiss sua sponte for lack of prosecution has generally been considered an ‘inherent power,’

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governed not by rule or statute but by the control necessarily vested in courts to manage their own

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affairs[.]” See Link v. Wabash R. Co., 370 U.S. 626, 630-31 (1962).

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Accordingly, Plaintiff is ordered TO SHOW CAUSE why this case should not be

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dismissed for failure to prosecute. Plaintiff, appearing either through new counsel or pro se, must

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file a statement of no more than two pages no later than April 30, 2018 explaining why the case

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should not be dismissed in light of the facts described above.

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IT IS SO ORDERED.
Dated: 4/19/2018

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HAYWOOD S. GILLIAM, JR.
United States District Judge

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United States District Court
Northern District of California

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