Whitaker v. Infinite Loop Cupertino Hotel, LLC ( 2021 )

1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 SAN JOSE DIVISION 6 7 BRIAN WHITAKER, Case No. 21-cv-00483-BLF 8 Plaintiff, ORDER TO SHOW CAUSE RE 9 v. DISMISSAL 10 INFINITE LOOP CUPERTINO HOTEL, LLC, 11 Defendant. a 12 13 On August 23, 2021, the Court granted Defendant’s motion to dismiss with leave to amend v 14 || and ordered Plaintiff to file an amended complaint no later than 14 days from that order. See ECF 15 || No. 21. The Court warned that “failure to meet the deadline to file an amended complaint □ □ . will A 16 || result in dismissal of Plaintiffs claims with prejudice.” Jd. at 9. Plaintiff did not file an amended = 17 || complaint by 14 days from that order. Accordingly, the Court ORDERS Plaintiff to show cause, Z 18 || in writing, on or before September 22, 2021, why this action should not be dismissed for failure 19 || to comply with this Court’s order and for failure to prosecute. If Plaintiff does not respond by 20 || September 22, 2021, the Court will dismiss the action pursuant to Federal Rule of Civil Procedure 21 41(b) without further notice. Fed. R. Civ. P. 41(b); Hells Canyon Pres. Council v. U.S. Forest 22 || Serv., 403 F.3d 683, 689 (9th Cir. 2005). 23 IT IS SO ORDERED. 24 25 Dated: September 8, 2021 han tn) Ly NM. BETH LABSON FREEMAN 27 United States District Judge 28