Morris CM Enterprises, LLC v. Wingstop Franchising LLC ( 2023 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 | MORRIS CM ENTERPRISES, LLC, No. 2:19-cv-02306-KJM-CKD 11 Plaintiff, ORDER 12 v. | WINGSTOP FRANCHISING, LLC., Defendants. 15 16 17 18 19 On September 11, 2020, this court stayed plaintiff's arbitrable claims in the present case 20 | pending resolution of arbitration. ECF No. 40. On September 22, 2021, the parties submitted a 21 | joint status report in which defendant informed the court plaintiff “has neither initiated arbitration 22 | proceedings nor communicated with [defendants] regarding this case or the disputed issues in any 23 | way.” JSR at 2, ECF No. 44. Plaintiff asked this court to “proceed with the litigation here in 24 | California” and blamed the pandemic for the delay in arbitration, but gave the court no 25 | information regarding any plans to initiate future arbitration proceedings. /d. Thus, plaintiff is 26 | ordered to show cause within fourteen days why this action should not be dismissed for lack of 27 | prosecution under Federal Rule of Civil Procedure 41(b). See Hernandez v. City of El Monte, 28 | 138 F.3d 393, 399 (9th Cir. 1998) (citing Henderson v. Duncan, 779 F.2d 1421 (9th Cir. 1986)). 1 IT IS SO ORDERED. 2 DATED: March 22, 2023. 3 CHIEF ED STATES DISTRICT JUDGE 49