Saby v. Lycee Francais De San Francisco

Opinion

1 2 3 6 7 FANNY SABY, Case No. 22-cv-5385-JSC 8 Plaintiff, ORDER TO PLAINTIFF TO SHOW CAUSE WHY ACTION SHOULD NOT 9 Vv. BE DISMISSED FOR FAILURE TO PROSECUTE FRANCISCO, Defendant. By Order filed May 16, 2023, the Court granted Defendant’s motion to compel arbitration 13 and stayed the case pending resolution of the arbitration. (Dkt. No. 31.) The Court also directed Defendant to provide a written update on the arbitration’s status by May 17, 2024. Defendant did 15 so, and reports that to date Plaintiff has not initiated arbitration and that as of late, Defendant has 16 been unable to contact Plaintiff's counsel. Accordingly, Plaintiff is ordered to show cause why the stay should not be lifted and this a 18 action DISMISSED WITHOUT PREJUDICE due to Plaintiff's failure to prosecute the action. 19 See Fed. R. Civ. P. 41(b); Link v. Wabash R. Co., 370 U.S. 626, 633 (1962) (holding “a District 20 Court may dismiss a complaint for failure to prosecute” based on the court’s own inherent 71 authority). Plaintiff must respond in writing on or before May 31, 2024. Plaintiff is warned that 22 failure to respond to this Order by May 31, will result in dismissal of the federal court action 23 without prejudice. 25 ! Dated: May 21, 2024 Le □ 26 fe 27 JAQQUELINE SCOTT CORL 98 United States District Judge