Collins v. Santa Clara Valley Transportation Authority
- Virginia Demarchi
- 5:19-cv-03614
- U.S. District Court · Northern District of California
- 1
In Collins v. Santa Clara Valley Transportation Authority, Judge Demarchi ordered Janie Collins to explain why her case should not be dismissed without prejudice for failure to prosecute.
Janie Collins was required to respond in writing and appear at a hearing; the case against Santa Clara Valley Transportation Authority remained pending at this stage.
What happened
In Collins v. Santa Clara Valley Transportation Authority, Janie Collins filed the action on June 21, 2019. The court had set a January 24, 2020 deadline for her to file a notice requesting mediation.
That deadline passed without Collins filing the notice. The court also noted that the parties had not completed a required in-person meeting.
The court did not dismiss the case at this stage. Judge Demarchi ordered Collins to submit a written response by February 4, 2020, and appear on February 11, 2020, to explain why the action should not be dismissed without prejudice for failure to prosecute.
The detailed version
- Collins v. Santa Clara Valley Transportation Authority · No. 5:19-cv-03614
- Virginia Demarchi
- Jan. 27, 2020
Background
Janie Collins filed this action on June 21, 2019. On November 26, 2019, the court denied her request to lift the stay of discovery. The court also noted that the parties had not conducted the in-person meeting required by General Order No. 56 and set new deadlines, including January 24, 2020, for Collins to file a Notice of Need for Mediation.
Issue
The mediation-notice deadline passed, and Collins had not filed the required notice. The court considered whether the case should be dismissed for failure to prosecute, meaning failure to move the case forward.
Court’s action
The court issued an order to show cause rather than dismissing the case immediately. It directed Collins to file a written response by February 4, 2020, and to appear on February 11, 2020, to explain why the action should not be dismissed without prejudice. The opinion states that the court has inherent authority to dismiss an action to achieve the orderly and expeditious disposition of cases.
Result
The opinion orders Collins to show cause why the case should not be dismissed without prejudice. It does not state that the case was dismissed.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.