Ascentium Capital, LLC v. Dean K. Otaka MD., Inc.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 7 Ascentium Capital, LLC, No. 22-cv-1473-KJM-KJIN Plaintiff, ORDER v. Dean K. Otaka MD, Inc., et al., Defendants/Third- Party Plaintiffs, V. Cynosure, LLC, Third-Party Defendant. 18 On July 6, 2023, this court directed parties to submit a joint status report regarding the 20 status of settlement and whether plaintiff's pending motion for summary judgment is moot. ECF No. 48. As of the date of this order, parties have not filed any documents with the court. Thus, 22 plaintiff is ordered to show cause within fourteen days why this action should not be 23 dismissed for lack of prosecution under Federal Rule of Civil Procedure 41(b). See Hernandez v. City of El Monte, 138 F.3d 393, 399 (9th Cir. 1998) (citing Henderson vy. Duncan, 779 F.2d 1421 (9th Cir. 1986)). Additionally, the court vacates the hearing for…