Fernando Gastelum v. Kohls Inc

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 FERNANDO GASTELUM, ) Case No. ED CV 22-0301 FMO (SPx) ) Plaintiff, ) ) v. ) ORDER DISMISSING ACTION WITHOUT ) PREJUDICE KOHL’S, INC., ) ) Defendant. ) ) 16 Pursuant to the Court’s Order of April 21, 2023, the court granted Kohl’s Inc.’s (“defendant”) 17 Motion to Strike First Amended Complaint, (Dkt. 34), and plaintiff was ordered to “file a First 18 Amended Complaint no later than May 5, 2023.” (Dkt. 37, Court’s Order of April 21, 2023, at 1) 19 (emphasis removed). The court cautioned plaintiff that “failure to file a First Amended Complaint 20 by the deadline [] shall result in this action being dismissed without prejudice for failure to 21 prosecute and/or failure to comply with a court order.” (Id.). As of the filing date of this Order, 22 plaintiff has not filed a first amended complaint or otherwise responded to the Court’s Order of 23 April 21, 2023. (See, generally, Dkt.). 24 A district court’s authority to dismiss a litigant’s…