Whitaker
Whitaker v. Morsey
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
BRIAN WHITAKER,
Case No. 21-cv-03263-RS Plaintiff, 11 v. ORDER TO SHOW CAUSE
KALED MORSEY,
13 Defendant.
15 The complaint was filed on May 3, 2021. Under the initial scheduling order, Dkt. No. 5, the deadline to hold the joint site inspect of premises was on August 27, 2021, with the deadline for Plaintiff to file a Notice of Need for Mediation 42 days after that date. Plaintiff has failed to comply with this deadline or notify the Court of a settlement. Plaintiff shall show cause by May 10, 2022 why the matter should not be dismissed for lack of prosecution. If there is no response to this order, the case will be dismissed without further notice. The Court also notes concerns about whether subject matter jurisdiction exists in this case. Federal courts “have an independent obligation to determine whether subject-matter jurisdiction exists, even in the absence of a challenge from any party.” Arbaugh v. Y&H Corp., 546 U.S. 500, 514…