Morris CM Enterprises, LLC v. Wingstop Franchising LLC

Opinion

1 2 3 4 5 6 9 10 | MORRIS CM ENTERPRISES, LLC, No. 2:19-cv-02306-KJM-CKD 11 Plaintiff, ORDER 12 v. | WINGSTOP FRANCHISING, LLC., Defendants. 15 16 17 18 19 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 21 | joint status report in which defendant informed the court plaintiff “has neither initiated arbitration 22 | proceedings nor communicated with [defendants] regarding this case or the disputed issues in any 23 | way.” JSR at 2, ECF No. 44. Plaintiff asked this court to “proceed with the litigation here in 24 | California” and blamed the pandemic for the delay in arbitration but gave the court no 25 | information regarding any plans to initiate future arbitration proceedings. Jd. On March 22, 26 | 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 Civil Procedure 41(b). See Hernandez v. City of El Monte, 28 | 138 F.3d 393, 399 (9th Cir. 1998) (citing Henderson v. Duncan, 779 F.2d 1421 (9th Cir. 1986)).

1 Almost six months have passed since the court’s prior order, and parties have not submitted any 2 relevant filings. The court now dismisses this case without prejudice for lack of prosecution 3 under Federal Rule of Civil Procedure 41(b). The Clerk of Court is directed to close this case. 5 DATED: September 22, 2023.