Johnson v. Cabrera
- Edward Davila
- 5:21-cv-02573
- U.S. District Court · Northern District of California
- 2
In Johnson v. Cabrera, Judge Davila ordered Johnson to explain missing a mediation deadline or face dismissal with prejudice.
Scott Johnson, whose failure to meet the mediation-notice deadline prompted the order, and Maria Cabrera, whose case could be dismissed if Johnson failed to respond.
What happened
Scott Johnson filed this action against Maria Cabrera. The court said Johnson did not file a required notice that mediation was needed by the August 27, 2021 deadline and did not ask for more time.
The court ordered Johnson to submit a written explanation by September 20, 2021, and to appear in court on September 30, 2021, to explain why the case should not be dismissed for failing to move it forward. The order warned that failing to respond would result in dismissal with prejudice under Federal Rule of Civil Procedure 41(b).
In Johnson v. Cabrera, Judge Edward J. Davila issued an order to show cause; he did not dismiss the case in this order.
The detailed version
- Johnson v. Cabrera · No. 5:21-cv-02573
- Edward Davila
- Sept. 2, 2021
Background
Scott Johnson filed the action against Maria Cabrera on April 9, 2021. Under the court's General Order 56, the parties' last day for a joint site inspection was July 16, 2021, and Johnson's last day to file a notice that mediation was needed was August 27, 2021. The order states that Johnson did not file that notice and did not seek relief from the August 27 deadline.
Order to Show Cause
The court stated that it has inherent authority to dismiss an action to ensure the orderly and timely handling of cases. It ordered Johnson to file a written response by September 20, 2021, and to appear before the court on September 30, 2021, at 10:00 a.m. to show why the action should not be dismissed with prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b). Failure to prosecute means failing to move the case forward.
Disposition
The court issued an order to show cause. It did not dismiss the action in this order. The order stated that if Johnson failed to file a written response by the deadline, the court would dismiss the action with prejudice under Rule 41(b). Judge Edward J. Davila signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.