Morris CM Enterprises, LLC v. Wingstop Franchising LLC

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 MORRIS CM ENTERPRISES, LLC, No. 2:19-cv-02306-KJM-CKD Plaintiff, ORDER v. WINGSTOP FRANCHISING, LLC., Defendants. 15 16 17 18 On September 11, 2020, this court stayed plaintiffs arbitrable claims in the present case 20 pending resolution of arbitration. ECF No. 40. On September 22, 2021, the parties submitted a joint status report in which defendant informed the court plaintiff “has neither initiated arbitration proceedings nor communicated with [defendants] regarding this case or the disputed issues in any way.” JSR at 2, ECF No. 44. Plaintiff asked this court to “proceed with the litigation here in California” and blamed the pandemic for the delay in arbitration but gave the court no information regarding any plans to initiate future arbitration proceedings. Jd. On March 22, 2023, this court issued an order to show cause why this action should not be dismissed for lack of 27 prosecution under Federal Rule of…