Connelly v. Starbucks Corporation ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KERRY CONNELLY, Case No. 1:21-cv-00746-DAD-SAB 12 Plaintiff, ORDER REQUIRING PLAINTIFF TO SHOW CAUSE WHY MATTER SHOULD 13 v. NOT BE DISMISSED FOR FAILURE TO COMPLY AND FAILURE TO PROSECUTE 14 STARBUCKS CORPORATION, FIVE-DAY DEADLINE 15 Defendant. 16 17 On March 29, 2021, Kerry Connelly (“Plaintiff”), on behalf of herself and all others 18 similarly situated, filed this action in the Stanislaus County Superior Court against Starbucks 19 Corporation (“Defendant”) alleging violations of California labor law. (ECF No. 1-2.) On May 20 7, 2021, Defendant removed the action to the Eastern District of California. (ECF No. 1.) 21 On June 24, 2021, the Court issued a scheduling order. (ECF No. 7.) Pursuant to the 22 scheduling order, the deadline to file a motion for class certification was January 18, 2022. (Id.) 23 That deadline has passed, and no motion has been filed, nor has Plaintiff requested an extension 24 of time to do so. 25 Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these 26 Rules or with any order of the Court may be grounds for imposition by the Court of any and all 27 sanctions . . . within the inherent power of the Court.” The Court has the inherent power to control its docket and may, in the exercise of that power, impose sanctions where appropriate, 1 | including dismissal of the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2 | 2000). 3 Accordingly, IT IS HEREBY ORDERED that PLAINTIFF SHALL SHOW CAUSE IN 4 | WRITING within five (5) days of the date of entry of this order why this matter should not be 5 | dismissed for failure to comply with the June 24, 2021 order, and failure to prosecute. Plaintiff 6 |is forewarned that the failure to show cause may result in the imposition of sanctions, 7 | including the dismissal of this action for failure to prosecute. 8 9 IT IS SO ORDERED. DAA (e_ 10 | Dated: _Mareh 1, 2022 _ RF _ UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28