Filed: Dec. 13, 2019
Latest Update: Dec. 13, 2019
Summary: ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE VIRGINIA K. DEMARCHI , Magistrate Judge . Plaintiff Gerardo Hernandez filed this action against defendants Chi Mai and Kim Hang Bui on May 31, 2019. Dkt. No. 1. Mr. Hernandez served the defendants on June 16, 2019, but to date, neither defendant has appeared. Dkt. Nos. 10, 11. On July 31, 2019, Mr. Hernandez moved for an entry of default as to both defendants, which the Clerk of the Court entered on August 2, 20
Summary: ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE VIRGINIA K. DEMARCHI , Magistrate Judge . Plaintiff Gerardo Hernandez filed this action against defendants Chi Mai and Kim Hang Bui on May 31, 2019. Dkt. No. 1. Mr. Hernandez served the defendants on June 16, 2019, but to date, neither defendant has appeared. Dkt. Nos. 10, 11. On July 31, 2019, Mr. Hernandez moved for an entry of default as to both defendants, which the Clerk of the Court entered on August 2, 201..
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ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE
VIRGINIA K. DEMARCHI, Magistrate Judge.
Plaintiff Gerardo Hernandez filed this action against defendants Chi Mai and Kim Hang Bui on May 31, 2019. Dkt. No. 1. Mr. Hernandez served the defendants on June 16, 2019, but to date, neither defendant has appeared. Dkt. Nos. 10, 11. On July 31, 2019, Mr. Hernandez moved for an entry of default as to both defendants, which the Clerk of the Court entered on August 2, 2019. Dkt. Nos. 11, 12. No action has been taken since.
On December 5, 2019, the Court issued an order requiring Mr. Hernandez to file a status report by December 12, 2019. Mr. Hernandez did not file a status report by the December 12 deadline, nor did he seek relief from that deadline.1
The Court possesses the inherent power to dismiss an action sua sponte "to achieve the orderly and expeditious disposition of cases." Link v. Wabash R.R. Co., 370 U.S. 626, 629-33 (1962). Mr. Hernandez is directed to file a written response to this order by December 18, 2019 and to appear before the Court on December 20, 2019 at 10:00 a.m. in Courtroom 2, Fifth Floor, 280 South First Street, San Jose, California 95113 and show cause why this action should not be dismissed without prejudice for failure to prosecute.
IT IS SO ORDERED.
FootNotes
1. Mr. Hernandez's counsel did file a notice of change of address on December 12, 2019. Dkt. No. 14.
