Awasthi v. Intel Corporation
- William Orrick
- 3:24-cv-05621
- U.S. District Court · Northern District of California
- 1
In Awasthi v. Intel Corporation, Judge Hixson ordered Vinay K. Awasthi to explain his missed deadline before possible dismissal for failure to prosecute.
Vinay K. Awasthi must respond by March 20, 2025 to avoid the likely dismissal warned of in the order; Intel Corporation is the defendant in the case.
What happened
In Awasthi v. Intel Corporation, Vinay K. Awasthi alleged that Intel Corporation violated the federal False Claims Act by making false claims about the health of its platforms. The government notified the court that it would not intervene in the case.
The court had ordered Awasthi to file either a notice showing he had counsel or an amended complaint by February 27, 2025. He did not respond. The court therefore ordered him to file a declaration by March 20, 2025 explaining why the case should not be dismissed for failing to prosecute the case and follow court deadlines. The court warned that failing to respond would likely lead to dismissal, but it did not dismiss the case in this order.
Judge Thomas S. Hixson issued the order to show cause on March 4, 2025.
The detailed version
- Awasthi v. Intel Corporation · No. 3:24-cv-05621
- William Orrick
- Mar. 4, 2025
Background
Vinay K. Awasthi sued Intel Corporation under the federal False Claims Act. The complaint alleges that Intel made “false claims about health of its platforms.” On January 24, 2025, the government filed a notice declining to intervene. The court then ordered Awasthi to file either a notice of appearance through counsel or an amended complaint by February 27, 2025. Awasthi did not respond.
Court’s action
The court relied on its inherent authority to dismiss an action to ensure the orderly and prompt handling of cases. It ordered Awasthi to show cause—meaning to explain—why the case should not be dismissed for failure to prosecute and failure to comply with court deadlines. Awasthi must file a declaration by March 20, 2025.
The order warns that failing to submit a written response will be treated as an admission that Awasthi does not intend to prosecute the case and that the case will likely be dismissed. The court did not dismiss the case in this order; it issued an order to show cause.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.