Heifetz v. Macken ( 2019 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 SHELBY GAIL HEIFETZ, Case No. 19-cv-04081-VKD 9 Plaintiff, ORDER TO SHOW CAUSE WHY 10 v. ACTION SHOULD NOT BE DISMISSED 11 VALERIE J. MACKEN, et al., Defendants. 12 13 14 Plaintiff Shelby Heifetz filed the present action on July 16, 2019. Dkt. No. 1. Pursuant to 15 General Order 56, plaintiff’s last day to complete service on all defendants or to file a motion for 16 administrative relief from the service deadline was September 16, 2019. Dkt. No. 4. On October 17 1, 2019, Ms. Heifetz returned the executed summons indicating that she had served defendant Jose 18 Hernandez on August 15, 2019.1 Dkt. No. 9. However, the docket does not indicate that Ms. 19 Heifetz ever completed service on defendants Valerie Macken or Galdino Hernandez, or that those 20 two defendants have waived service of summons. 21 Additionally, pursuant to General Order 56, the parties’ last day to conduct a joint site 22 inspection was October 29, 2019 and Ms. Heifetz’s last day to file a notice of need for mediation 23 was December 10, 2019. Dkt. No. 4. Ms. Heifetz did not file a notice of need for mediation, nor 24 did she seek relief from the December 10 deadline. 25 The Court possesses the inherent power to dismiss an action sua sponte “to achieve the 26 1 Mr. Hernandez’s deadline to respond to complaint was due on September 5, 2019, but he did not 27 file his answer until October 4, 2019. Fed. R. Civ. P. 12(a)(1)(A)(i); Dkt. No. 10. Despite 1 orderly and expeditious disposition of cases.” Link v. Wabash R.R. Co., 370 U.S. 626, 629-33 2 (1962). The parties are directed to file a written response, jointly or separately, to this order by 3 December 18, 2019 and to appear before the Court on December 20, 2019 at 10:00 a.m. in 4 Courtroom 2, Fifth Floor, 280 South First Street, San Jose, California 95113 and show cause why 5 this action should not be dismissed without prejudice for failure to prosecute. 6 IT IS SO ORDERED. 7 Dated: December 11, 2019 8 . 28 □ 9 VIRGINIA K. DEMARCHI 10 United States Magistrate Judge 11 12 13 © 15 16 = 17 Z 18 19 20 21 22 23 24 25 26 27 28