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N.D. Cal.Procedural orderFiled Aug. 5, 2024

Safaeva v. Delta Air Lines Inc.

Judge
Thomas Hixson
Docket
4:24-cv-02312
Court
U.S. District Court · Northern District of California
Pages
1
Civil Procedure
In one sentence

In Safaeva v. Delta Air Lines, Judge Hixson ordered Safaeva to explain by August 19 why the case should not be dismissed for missed deadlines.

Who this affects

Malika Safaeva was required to explain her failure to file the ordered status report and to respond by August 19, 2024; the case could otherwise be dismissed.

What happened

In Safaeva v. Delta Air Lines Inc., Malika Safaeva filed the case on April 18, 2024, but the record showed no indication that Delta Air Lines Inc. had been served.

The court had canceled a case-management conference and ordered Safaeva to file a status report by August 1, 2024. She did not respond, so the court ordered her to explain in a written declaration by August 19 why the case should not be dismissed for failing to pursue it and for missing court deadlines.

Judge Thomas S. Hixson warned that failing to respond would be treated as an admission that Safaeva did not intend to pursue the case and that the case would likely be dismissed. The order did not dismiss the case.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Safaeva v. Delta Air Lines Inc. · No. 4:24-cv-02312
Judge
Thomas Hixson
Date
Aug. 5, 2024

Background

Malika Safaeva filed this case on April 18, 2024. The court stated that there was no indication that Delta Air Lines Inc. had been served. The court therefore vacated the July 18 case-management conference and ordered Safaeva to file a status report by August 1, 2024. Safaeva did not file the required report.

Order to Show Cause

The court invoked its inherent power to dismiss an action on its own initiative to ensure the orderly and prompt handling of cases. It ordered Safaeva to show cause—that is, to explain—why the case should not be dismissed for failure to prosecute and failure to comply with court deadlines.

Safaeva was ordered to file a declaration by August 19, 2024. The court stated that failure to submit a written response would be treated as an admission that she did not intend to pursue the case and that the case would likely be dismissed.

Disposition

Judge Thomas S. Hixson issued an order to show cause. The opinion did not dismiss the case.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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