1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 SCOTT JOHNSON, Case No. 5:21-cv-06913-EJD 9 Plaintiff, ORDER TO SHOW CAUSE WHY

ACTION SHOULD NOT BE

10 Vv. DISMISSED 11 HARBOR BLUE, INC., W Defendant.

Plaintiff Scott Johnson filed the present action on September 7, 2021. Dkt. No. 1.

14 || Pursuant to the Court’s order regarding Plaintiff’s request for administrative relief, Plaintiff's last

15 day to file a notice of need for mediation was May 24, 2022. Dkt. No. 18. Plaintiff did not file a a 16 notice of need for mediation, nor did Plaintiff seek relief from the May 24, 2022 deadline.

= 17 The Court possesses the inherent power to dismiss an action sua sponte “to achieve the

18 orderly and expeditious disposition of cases.” Link v. Wabash R.R. Co., 370 U.S. 626, 629-33 19 || (1962). Plaintiff is directed to file a written response to this order by June 20, 2022 and to appear 20 before the Court on June 30, 2022, at 10:00 a.m. and show cause why this action should not be 21 dismissed with prejudice for failure to prosecute pursuant to Federal Rule of Civil Procedure 22 || 41(b). If Plaintiff fails to file a written response by the above deadline, the Court will dismiss the 23 action with prejudice pursuant to Federal Rule of Civil Procedure 41(b). 24 IT IS SO ORDERED. 25 Dated: May 25, 2022 26

EDWARD J. DAVILA

27 United States District Judge 28 || Case No.: 5:21-cv-06913-EJD

OSC WHY ACTION SHOULD NOT BE DISMISSED