Whitaker

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BRIAN WHITAKER, Case No. 21-cv-03092-JSC

Plaintiff,

ORDER DISMISSING CASE WITH

v. PREJUDICE FOR FAILURE TO

PROSECUTE

LUCA CUCINA ITALIANA, INC.,, Defendant. Re: Dkt. Nos. 13, 14, 16, 18, 19, 20

12 Plaintiff filed this Americans with Disabilities Act access case on April 28, 2021 and Defendant answered on June 30, 2021. Under General Order 56, which governs this case, no later than 60 days after service of the complaint the parties were required to conduct a joint site inspection. GO 56 ¶ 7. No more than 35 days following the joint site inspection, the parties were required to hold a settlement meeting. Id. ¶ 8. If the case did not resolve, then within 42 days of the joint site inspection or settlement meeting—whichever occurs first—the parties were required to file either a Notice of Settlement or a Notice of Need for Mediation and Certification of Counsel. Id. ¶ 9. In light of the apparent failure to comply…