Aerofund Holdings, Inc. v. Brown ( 2020 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 AEROFUND HOLDINGS, INC., Case No. 20-cv-03747-VKD 9 Plaintiff, ORDER TO SHOW CAUSE WHY 10 v. ACTION SHOULD NOT BE DISMISSED 11 LISA BASSHAM BROWN, et al., Defendants. 12 13 14 On September 4, 2020, the Court granted plaintiff Aerofund Holdings, Inc.’s (“Aerofund”) 15 request to continue the initial case management conference from September 8, 2020 to November 16 17, 2020. Dkt. No. 9. The Court further required the parties to submit a joint case management 17 statement that complies with all applicable Civil Local Rules and Standing Orders by November 18 10, 2020. Id. at 2. Defendants have not appeared in this action or consented to magistrate judge 19 jurisdiction. No party filed a case management statement by the November 10 deadline. Other 20 than serving defendants, Aerofund has taken no action to prosecute the case. See Dkt. No. 15. 21 The Court possesses the inherent power to dismiss an action sua sponte “to achieve the 22 orderly and expeditious disposition of cases.” Link v. Wabash R.R. Co., 370 U.S. 626, 629–33 23 (1962). Accordingly, Aerofund is ORDERED TO SHOW CAUSE why the Court should not 24 recommend that this action be dismissed for failure to prosecute. A written response to this Order 25 must be filed by November 16, 2020. The Court will hold a hearing on this Order to Show Cause 26 on November 17, 2020 at 1:30 p.m. 27 /// 1 IT IS SO ORDERED. 2 Dated: November 12, 2020 3 . 28 □ 4 VIRGINIA K. DEMARCHI 5 United States Magistrate Judge 6 7 8 9 10 11 12 13 © 15 16 = 17 Z 18 19 20 21 22 23 24 25 26 27 28