Whitaker v. LSH Plus LLC

Filing 22

ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED. Show Cause Response due by 1/24/2022. Order to Show Cause Hearing set for 2/3/2022 10:00 AM. Signed by Judge Edward J. Davila on 1/7/2022. (ejdlc1, COURT STAFF) (Filed on 1/7/2022)

Case 5:21-cv-00881-EJD Document 22 Filed 01/07/22 Page 1 of 2

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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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BRIAN WHITAKER,

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Plaintiff,

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v.

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ORDER TO SHOW CAUSE WHY
ACTION SHOULD NOT BE
DISMISSED

LSH PLUS LLC,

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United States District Court
Northern District of California

Case No. 5:21-cv-00881-EJD

Defendant.

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Plaintiff Brian Whitaker filed the present action on February 4, 2021. Dkt. No. 1.

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Pursuant to the Court’s September 2, 2021 Order granting the parties’ stipulation to set aside

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default and General Order 56, the parties’ last day to conduct a joint site inspection was November

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1, 2021 and Plaintiff’s last day to file a notice of need for mediation was December 13, 2021. Dkt.

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Nos. 5, 20. Plaintiff did not file a notice of need for mediation, nor did Plaintiff seek relief from

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the December 13, 2021 deadline.

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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). Plaintiff is directed to file a written response to this order by January 24, 2022 and to

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appear before the Court on February 3, 2022, at 10:00 a.m. and show cause why this action

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should not be dismissed with prejudice for failure to prosecute pursuant to Federal Rule of Civil

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Procedure 41(b). If Plaintiff fails to file a written response by the above deadline, the Court will

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dismiss the action with prejudice pursuant to Federal Rule of Civil Procedure 41(b).

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///

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Case No.: 5:21-cv-00881-EJD
OSC WHY ACTION SHOULD NOT BE DISMISSED
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Case 5:21-cv-00881-EJD Document 22 Filed 01/07/22 Page 2 of 2

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IT IS SO ORDERED.
Dated: January 7, 2022

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EDWARD J. DAVILA
United States District Judge

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United States District Court
Northern District of California

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Case No.: 5:21-cv-00881-EJD
OSC WHY ACTION SHOULD NOT BE DISMISSED
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