Love v. Nguyen ( 2021 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 SAMUEL LOVE, Case No. 5:20-cv-02072-EJD 9 Plaintiff, ORDER VACATING JUNE 17, 2021 STATUS CONFERENCE; ORDER TO 10 v. SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED 11 DONG NGUYEN, et al., 12 Defendants. 13 14 Plaintiff Samuel Love filed the present action on March 25, 2020. Dkt. No. 1. Defendants 15 Dong Nguyen and Ngoc Dung Huynh filed an answer on June 3, 2020. Dkt. No. 11. Plaintiff 16 filed the summons return on June 10, 2020. Dkt. No. 12. Plaintiff has taken no further action in 17 the case since. 18 The Court possesses the inherent power to dismiss an action sua sponte “to achieve the 19 orderly and expeditious disposition of cases.” Link v. Wabash R.R. Co., 370 U.S. 626, 629–33 20 (1962). Plaintiff is directed to file a written response to this order by June 21, 2021, and to appear 21 before the Court on July 1, 2021, at 10:00 a.m. and show cause why this action should not be 22 dismissed with prejudice for failure to prosecute pursuant to Federal Rule of Civil Procedure 23 41(b). If Plaintiff fails to file a written response by June 21, 2021, the Court will dismiss the 24 action with prejudice pursuant to Federal Rule of Civil Procedure 41(b). 25 /// 26 /// 27 /// 1 The status conference scheduled for June 17, 2021 is hereby VACATED. 2 IT IS SO ORDERED. 3 Dated: June 14, 2021 4 6 EDWARD J. DAVILA United States District Judge 7 8 9 10 ll a 12 13 14 15 16 € = 17 6 Zz 18 19 20 21 22 23 24 25 26 27 28 || Case No.: 5:20-cv-02072-EJD ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED