Lopez Vazquez v. Tacos El Grullense C&D, Inc. ( 2024 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CLAUDIA VIANEY GALLARDO Case No. 23-cv-04986-KAW GALVAN, 8 Plaintiff, ORDER TO SHOW CAUSE 9 v. Re: Dkt. No. 38 10 TACOS EL GRULLENSE C&D, INC., et 11 al., 12 Defendants. 13 14 On September 28, 2023, Plaintiff Claudia Vianey Gallardo Galvan filed the instant case 15 against Defendants Tacos El Grullense C&D, Inc. and TEG-CKD Inc.1 (Compl., Dkt. No. 1.) On 16 July 29, 2024, the Court granted Attorney James M. Dore’s motion to withdraw his firm as 17 counsel for Plaintiff. (Dkt. No. 35.) The motion to withdraw was based on the complete lack of 18 communication between Attorney Dore and Plaintiff, despite almost thirty attempts by Attorney 19 Dore to contact Plaintiff. (See id. at 1.) 20 Following Attorney Dore’s withdrawal as counsel, the Court received no filings from 21 Plaintiff. On September 6, 2024, the Court issued an order requiring Plaintiff to file a status report 22 explaining whether she intended to proceed with the case. (Dkt. No. 38.) Plaintiff’s status report 23 was due by October 4, 2024. The Court warned: “Failure to timely comply will result in the Court 24 issuing an order to show cause as to why the case should not be dismissed for failure to 25 prosecute.” (Id.) On September 10, 2024, Attorney Dore filed a certificate of service as to the 26 Court’s September 6, 2024 order. (Dkt. No. 39.) 27 1 To date, Plaintiff has not responded to the status report order. Accordingly, the Court 2 ORDERS Plaintiff to show cause, by December 13, 2024, why the case should not be dismissed 3 by: (1) explaining whether she intends to proceed with the case, and (2) explaining why she failed 4 || to comply with the Court’s September 6, 2024 order. Failure to timely comply will result in the 5 Court dismissing the case for failure to prosecute. See Link v. Wabash R. Co., 370 U.S. 626, 630- 6 || 31 (1962) (“authority of a court to dismiss sua sponte for lack of prosecution has generally been 7 considered an ‘inherent power’”). 8 Attorney Dore is directed to serve this order on Plaintiff by e-mail and mail and to file a 9 || proof of service within seven days of the date of this order. 10 IT IS SO ORDERED. 11 Dated: November 18, 2024 . A. Ly le 13 United States Magistrate Judge 15 16 = 17 Z 18 19 20 21 22 23 24 25 26 27 28