Che v. NGO
- Virginia Demarchi
- 5:22-cv-02481
- U.S. District Court · Northern District of California
- 1
In Che v. NGO, Judge Demarchi ordered Che to explain why the case should not be dismissed without prejudice for failure to prosecute.
Ngoc Lam Che, whose case was subject to a possible dismissal without prejudice for failure to prosecute; the order also required a response and court appearance.
What happened
Ngoc Lam Che filed this case against Andrew Quang Ngo and others on April 22, 2022. The court said the parties’ deadline for a joint site inspection was August 12, 2022, and the deadline to request mediation was September 23, 2022.
The court said Che did not request mediation or ask for more time to meet the September 23 deadline. The opinion refers to “Mr. Johnson” when discussing the mediation deadline, but it does not explain who that person is.
The court did not dismiss the case in this order. Instead, Judge Virginia K. Demarchi ordered Che to file a written response by October 11, 2022, and appear in court on October 18, 2022, to explain why the case should not be dismissed without prejudice for failure to prosecute.
The detailed version
- Che v. NGO · No. 5:22-cv-02481
- Virginia Demarchi
- Oct. 4, 2022
Background
Ngoc Lam Che filed the action on April 22, 2022. The court stated that, under General Order 56, the parties’ last day to conduct a joint site inspection was August 12, 2022. It also stated that the last day to file a notice requesting mediation was September 23, 2022.
The order says that Mr. Che did not file a notice requesting mediation and did not seek relief from the September 23 deadline. The opinion refers to “Mr. Johnson” in connection with the mediation deadline but does not identify that person or explain the reference.
Order to Show Cause
The court explained that it has inherent authority to dismiss an action on its own initiative to achieve the orderly and prompt resolution of cases. It ordered Che to file a written response by October 11, 2022, and to appear before the court on October 18, 2022, to show cause—meaning to explain—why the action should not be dismissed without prejudice for failure to prosecute.
Disposition
The court did not dismiss the action in this order. It issued an order to show cause concerning a possible dismissal without prejudice and set response and appearance deadlines.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.