Whitaker v. Infinite Loop Cupertino Hotel, LLC
- Beth Freeman
- 5:21-cv-00483
- U.S. District Court · Northern District of California
- 1
In Whitaker v. Infinite Loop Cupertino Hotel, LLC, Judge Freeman ordered Whitaker to explain why the case should not be dismissed for missing an amendment deadline.
Brian Whitaker was required to respond by September 22, 2021, or the action could be dismissed; Infinite Loop Cupertino Hotel, LLC remained the defendant.
What happened
In Whitaker v. Infinite Loop Cupertino Hotel, LLC, the court had dismissed Infinite Loop Cupertino Hotel, LLC’s motion-related claims with permission for Brian Whitaker to file an amended complaint. The court set a 14-day deadline and warned that missing it would lead to dismissal of Whitaker’s claims with prejudice.
Whitaker did not file an amended complaint by the deadline. The court ordered him to explain in writing by September 22, 2021, why the case should not be dismissed for failing to follow the court’s order and for failing to pursue the case.
Judge Beth Freeman did not dismiss the case in this order. Instead, the court warned that it would dismiss the action under Federal Rule of Civil Procedure 41(b), without further notice, if Whitaker did not respond by September 22.
The detailed version
- Whitaker v. Infinite Loop Cupertino Hotel, LLC · No. 5:21-cv-00483
- Beth Freeman
- Sept. 8, 2021
Background
On August 23, 2021, the court granted Infinite Loop Cupertino Hotel, LLC’s motion to dismiss and allowed Brian Whitaker to amend his complaint. The court ordered Whitaker to file an amended complaint within 14 days and warned that failing to meet the deadline would result in dismissal of his claims with prejudice.
Order
Whitaker did not file an amended complaint within the required period. The court therefore ordered him to show cause, meaning to explain in writing, by September 22, 2021, why the action should not be dismissed for failing to comply with the court’s order and for failing to prosecute the case.
Disposition
The court did not dismiss the action in this order. It warned that, if Whitaker did not respond by September 22, it would dismiss the action under Federal Rule of Civil Procedure 41(b) without further notice. The order was signed by United States District Judge Beth Labson Freeman.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.