Whitaker v. Infinite Loop Cupertino Hotel, LLC

Filing 22

ORDER TO SHOW CAUSE RE DISMISSAL. Response due by 9/22/2021. Signed by Judge Beth Labson Freeman on 9/8/2021. (blflc2S, COURT STAFF) (Filed on 9/8/2021)

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Case 5:21-cv-00483-BLF Document 22 Filed 09/08/21 Page 1 of 1 1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 SAN JOSE DIVISION 6 7 BRIAN WHITAKER, Plaintiff, 8 9 10 11 Case No. 21-cv-00483-BLF ORDER TO SHOW CAUSE RE DISMISSAL v. INFINITE LOOP CUPERTINO HOTEL, LLC, United States District Court Northern District of California Defendant. 12 13 On August 23, 2021, the Court granted Defendant’s motion to dismiss with leave to amend 14 and ordered Plaintiff to file an amended complaint no later than 14 days from that order. See ECF 15 No. 21. The Court warned that “failure to meet the deadline to file an amended complaint . . . will 16 result in dismissal of Plaintiff’s claims with prejudice.” Id. at 9. Plaintiff did not file an amended 17 complaint by 14 days from that order. Accordingly, the Court ORDERS Plaintiff to show cause, 18 in writing, on or before September 22, 2021, why this action should not be dismissed for failure 19 to comply with this Court’s order and for failure to prosecute. If Plaintiff does not respond by 20 September 22, 2021, the Court will dismiss the action pursuant to Federal Rule of Civil Procedure 21 41(b) without further notice. Fed. R. Civ. P. 41(b); Hells Canyon Pres. Council v. U.S. Forest 22 Serv., 403 F.3d 683, 689 (9th Cir. 2005). 23 IT IS SO ORDERED. 24 25 26 27 28 Dated: September 8, 2021 ______________________________________ BETH LABSON FREEMAN United States District Judge

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