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N.D. Cal.Procedural orderFiled Jan. 19, 2024

Kradin v. Volvo Car USA, LLC

Judge
Yvonne Rogers
Docket
4:23-cv-04898
Court
U.S. District Court · Northern District of California
Pages
1
Civil ProcedureMotion to Dismiss
In one sentence

In Kradin v. Volvo Car USA, LLC, Magistrate Judge Hixson ordered Amanda Kradin to explain why the case should not be dismissed for failure to prosecute.

Who this affects

Amanda Kradin was required to respond; Volvo Car USA, LLC and the other defendants were affected because the court warned that the case could be dismissed if Kradin did not respond.

What happened

In Kradin v. Volvo Car USA, LLC, the court said neither party had appeared since Volvo Car USA, LLC removed the case to federal court. The court ordered Amanda Kradin to explain why the case should not be dismissed for failing to pursue it and meet court deadlines.

Kradin had to file a written declaration by February 1, 2024. If she filed one, the court would either issue an order based on it or hold a hearing on February 15, 2024. The court warned that failing to respond would be treated as an admission that she did not intend to pursue the case and that dismissal was likely.

Magistrate Judge Thomas S. Hixson issued an order to show cause; he did not dismiss the case in this order.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Kradin v. Volvo Car USA, LLC · No. 4:23-cv-04898
Judge
Yvonne Rogers
Date
Jan. 19, 2024

Background

The opinion states that neither party had appeared since Defendant Volvo Car USA, LLC removed the matter to the federal district court on September 25, 2024. The opinion does not explain the reason for the lack of appearances or identify the missed deadlines in detail.

Order to Show Cause

The court stated that it has the inherent power to dismiss an action on its own to achieve the orderly and expeditious disposition of cases. It ordered Plaintiff Amanda Kradin to show cause—that is, to explain—why the case should not be dismissed for failure to prosecute and failure to comply with court deadlines.

Deadline and Possible Hearing

The court ordered Kradin to file a declaration by February 1, 2024. If she filed a responsive declaration, the court would either issue an order based on the declaration or hold a hearing on February 15, 2024, at 10:00 a.m. in Courtroom E, 15th Floor, 450 Golden Gate Avenue, San Francisco, California. The court warned that failing to file a written response would be treated as an admission that Kradin did not intend to prosecute the case and that the case would likely be dismissed.

Disposition

The court issued an order to show cause. It did not dismiss the case in this order. The order was signed by Thomas S. Hixson, United States Magistrate Judge.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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