Che v. GFROERER, A California limited partnership
- Virginia Demarchi
- 5:19-cv-06891
- U.S. District Court · Northern District of California
- 1
In Che v. GFROERER, Judge Demarchi ordered Che to explain why the case should not be dismissed without prejudice for failure to prosecute.
Ngoc Lam Che was directed to respond by April 3, 2020. The order concerned Che’s action against GFROERER.
What happened
Ngoc Lam Che filed this case against GFROERER on October 23, 2019. The court said the parties’ deadline for a joint site inspection was February 5, 2020, and Che’s deadline to file a notice requesting mediation was March 18, 2020.
Che did not file the mediation notice and did not ask for relief from the March 18 deadline. The court therefore ordered him to respond in writing and explain why the case should not be dismissed without prejudice for failure to prosecute.
Judge Virginia K. Demarchi issued the order on March 26, 2020. The order directed Che to respond by April 3, 2020; it did not itself dismiss the case.
The detailed version
- Che v. GFROERER, A California limited partnership · No. 5:19-cv-06891
- Virginia Demarchi
- Mar. 26, 2020
Background
Ngoc Lam Che filed this action against GFROERER on October 23, 2019. The court referred to deadlines under General Order 56. The parties’ last day to conduct a joint site inspection was February 5, 2020, and Che’s last day to file a notice of need for mediation was March 18, 2020.
Court’s Analysis
The court stated that it has inherent power to dismiss an action on its own initiative to achieve the orderly and expeditious disposition of cases. The court found that Che did not file a notice requesting mediation and did not seek relief from the March 18 deadline.
Order
Judge Virginia K. Demarchi ordered Che to file a written response by April 3, 2020, showing why the action should not be dismissed without prejudice for failure to prosecute. The order was an order to show cause; it did not itself dismiss the action.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.