Diosomito v. Global Credit & Collection Corporation

Filing 14

ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE. Signed by Judge Beth Labson Freeman on 8/22/2016. (blflc2S, COURT STAFF) (Filed on 8/22/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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CHRISTIE DIOSOMITO,

Case No. 16-cv-02279-BLF

Plaintiff,
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v.
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United States District Court
Northern District of California

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GLOBAL CREDIT & COLLECTION
CORPORATION,

ORDER TO SHOW CAUSE WHY
ACTION SHOULD NOT BE DISMISSED
FOR FAILURE TO PROSECUTE

Defendant.

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On July 5, 2016, Plaintiff Christie Diosomito filed a notice of settlement of the entire case.

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ECF 11. The Court has twice since ordered the Parties to submit a stipulation of dismissal or

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otherwise update the Court on the status of settlement. ECF 12 (ordering an update or stipulation

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of dismissal by July 18, 2016), 13 (ordering an update or dismissal by August 19, 2016). The

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Parties have not complied with either order. In its August 12 order, the Court warned the Parties

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that failure to comply with the order would result in issuance of an order to show cause regarding

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dismissal. ECF 13.

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Accordingly, the Parties are hereby ORDERED TO SHOW CAUSE, in writing and on or

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before September 6, 2016, why this action should not be dismissed with prejudice for failure to

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prosecute and failure to comply with a court order. See Fed. R. Civ. Proc. 41(b); Henderson v.

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Duncan, 779 F.2d 1421, 1423 (9th Cir. 1986) (listing factors relevant to whether to dismiss for

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lack of prosecution).

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IT IS SO ORDERED.
Dated: August 22, 2016
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BETH LABSON FREEMAN
United States District Judge