Brooke v. San Jose Harris Way Hotel LP
- Virginia Demarchi
- 5:20-cv-09412
- U.S. District Court · Northern District of California
- 1
In Brooke v. San Jose Harris Way Hotel LP, Judge Demarchi ordered Brooke to explain by July 16 why the case should not be dismissed for failure to prosecute.
Theresa Brooke was required to explain the lack of service, the missing mediation notice, and the limited docket activity by July 16, 2021, or the action could be dismissed for failure to prosecute. The order did not state that San Jose Harris Way Hotel LP had been served.
What happened
In Brooke v. San Jose Harris Way Hotel LP, Theresa Brooke filed the case on December 29, 2020, but the record did not show that San Jose Harris Way Hotel LP had been served.
The court also noted that Brooke had not filed the required notice about needing mediation by the June 11, 2021 deadline. The docket showed little or no activity beyond court notices.
Judge Virginia K. Demarchi ordered Brooke to file a statement by July 16, 2021, explaining why the case should not be dismissed for failure to prosecute. The order did not itself dismiss the case.
The detailed version
- Brooke v. San Jose Harris Way Hotel LP · No. 5:20-cv-09412
- Virginia Demarchi
- July 7, 2021
Background
Theresa Brooke filed this action on December 29, 2020. The opinion says there was no indication that San Jose Harris Way Hotel LP had been served with the complaint and summons. It also says that, under General Order No. 56 and the court’s scheduling order, Brooke’s notice stating that mediation was needed was due by June 11, 2021, but no such notice had been filed. Apart from several notices from the clerk, there had been little or no activity on the docket since the complaint was filed.
Court’s Action
The court stated that it has the inherent power to dismiss a case on its own initiative to ensure the orderly and prompt handling of cases. It issued an order to show cause, meaning Brooke was required to explain why the case should not be dismissed for failure to prosecute. Brooke was ordered to file that statement by July 16, 2021.
Disposition
The court did not dismiss the action in this order. It required Brooke to respond to the order to show cause. The order was signed by Virginia K. Demarchi, United States Magistrate Judge.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.