Frias v. Atria Senior Living Inc ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSEFINA FRIAS, Case No. 1:20-cv-00403-AWI-SAB 12 Plaintiff, ORDER REQUIRING PLAINTIFF TO SHOW 13 v. CAUSE WHY MATTER SHOULD NOT BE DISMISSED FOR FAILURE TO COMPLY AND 14 ATRIA SENIOR LIVING INC., FAILURE TO PROSECUTE 15 Defendant. FIVE DAY DEADLINE 16 17 Plaintiff Josefina Frias, individually and behalf of all others similarly situated, filed this 18 action on February 14, 2020, in the Fresno County Superior Court. (ECF No. 2-1.) On March 19 17, 2020, Defendant Atria Senior Living Inc. removed the matter to the Eastern District of 20 California. (ECF No. 1.) On May 28, 2020, a scheduling order issued setting the deadline for 21 Plaintiff to file a motion for class certification on March 26, 2021. (ECF No. 9.) The deadline to 22 file the motion for class certification has passed and no motion has been filed nor has Plaintiff 23 requested an extension of time to do so. 24 Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these Rules 25 or with any order of the Court may be grounds for imposition by the Court of any and all 26 sanctions . . . within the inherent power of the Court.” The Court has the inherent power to 27 control its docket and may, in the exercise of that power, impose sanctions where appropriate, 28 including dismissal of the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 1 |} 2000). 2 Accordingly, IT IS HEREBY ORDERED that PLAINTIFF SHALL SHOW CAUSE IN 3 | WRITING within five (5) days of the date of entry of this order why this matter should not be 4 | dismissed for failure to comply with the May 28, 2020 order and failure to prosecute. Plaintiff is 5 | forewarned that the failure to show cause may result in the imposition of sanctions, 6 | including the dismissal of this action for failure to prosecute. 7 8 IT IS SO ORDERED. OF. ee 9 | Dated: _March 29, 2021 _ Of 0 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28