Ascentium Capital, LLC v. Dean K. Otaka MD., Inc. ( 2023 )

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 FOR THE EASTERN DISTRICT OF CALIFORNIA 7 8 Ascentium Capital, LLC, No. 22-cv-1473-KJM-KJIN 9 Plaintiff, ORDER 10 v. Dean K. Otaka MD, Inc., et al., 12 Defendants/Third- 13 Party Plaintiffs, 14 V. 15 Cynosure, LLC, 16 Third-Party 7 Defendant. 18 19 On July 6, 2023, this court directed parties to submit a joint status report regarding the 20 | status of settlement and whether plaintiff's pending motion for summary judgment is moot. ECF 21 | No. 48. As of the date of this order, parties have not filed any documents with the court. Thus, 22 | plaintiff is ordered to show cause within fourteen days why this action should not be 23 | dismissed for lack of prosecution under Federal Rule of Civil Procedure 41(b). See Hernandez v. 24 | City of El Monte, 138 F.3d 393, 399 (9th Cir. 1998) (citing Henderson vy. Duncan, 779 F.2d 1421 25 | (9th Cir. 1986)). Additionally, the court vacates the hearing for plaintiff’s motion for 26 | summary judgment scheduled for August 11, 2023, ECF No. 42. 27 IT IS SO ORDERED. 28 DATED: July 19, 2023. 1 ] ( ( CHIE TED STATES DISTRICT JUDGE