Cassie Carmichael v. Los Angeles County DFS et al

Filing 9

MINUTE ORDER IN CHAMBERS by Judge Valerie Baker Fairbank: Dismissing the Action Without Prejudice for Prolonged Lack of Prosecution and Failure to Comply With Court Orders: (see document image for specifics). This action is DISMISSED without prejud ice for prolonged lack of prosecution and prolonged failure to comply with court orders. If plaintiff moves to reinstate this case, the reinstatement motion must allege facts providing a justification or excuse for plaintiffs failure to prosecute this case with reasonable diligence and dispatch and failure to comply with court orders. IT IS SO ORDERED. Case Terminated. Made JS-6. (ad)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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CIVIL MINUTES -- GENERAL

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9 Case No.

LA CV 17-03689-VBF-SP

Dated: Mon. October 16, 2017

10 Title:

Cassie Carmichael, Plaintiff v. Los Angeles County DCFS et al.,

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Defendants

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13 PRESENT:

HONORABLE VALERIE BAKER FAIRBANK, U.S. DISTRICT JUDGE

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Cheryl Wynn

N/A

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Relief Courtroom Deputy

Court Reporter

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17 Attorney Present for Petitioner: N/A

Attorney Present for Respondent: n/a

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19 Proceedings (in chambers): ORDER
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Dismissing the Action Without Prejudice for
Prolonged Lack of Prosecution and Failure to
Comply With Court Orders;

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Terminating the Case (JS-6)

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Proceeding pro se, Cassie Carmichael (“plaintiff”) filed te 42 U.S.C. section 1983
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civil-rights complaint on May 16, 2017. On July 6, 2017, the Court issued an Order
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dismissing the complaint and granting plaintiff leave to file a First Amended Complaint
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(“FAC”) by August 7, 2017. See CM/ECF Document (“Doc”) 6. Plaintiff failed to file either
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an FAC or a request to extend that deadline. On August 31, 2017, the Magistrate Judge issued
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1 an Order (Doc 7) stating as follows:
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* * * Three weeks having passed beyond this deadline, this court has not
received a First Amended Complaint or any other communication from
plaintiff.

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Accordingly, within twenty-one (21) days of the date of this Order, that is, by
September 21, 2017, plaintiff is ORDERED TO SHOW CAUSE, in writing,
why this action should not be dismissed for failure to prosecute and/or comply
with a court order.
Plaintiff is cautioned that her failure to timely file a response to this Order to
Show Cause will be deemed by the court as consent to the dismissal of this
action without prejudice.
In the event plaintiff wishes to voluntarily dismiss this action, plaintiff may
complete and return the enclosed Notice of Dismissal form by September 21,
2017.
If plaintiff files a First Amended Complaint by September 21, 2017, this Order
to Show Cause will be automatically discharged, and plaintiff need not respond
to it separately.

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Doc 7 at 1 (italics added, boldface in original) (some paragraph breaks added). The
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September 21, 2017 Show-Cause deadline elapsed over three weeks ago, and the Court has
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not received a First Amended Complaint, a motion to extend the show-cause deadline, or any
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other communication from the plaintiff. Accordingly, as the Court warned it would do, the
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Court will dismiss the action without prejudice for lack of prosecution.
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ORDER
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This action is DISMISSED without prejudice for prolonged lack of prosecution
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and prolonged failure to comply with court orders.
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If plaintiff moves to reinstate this case, the reinstatement motion must allege facts
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providing a justification or excuse for plaintiff’s failure to prosecute this case with reasonable
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diligence and dispatch and failure to comply with court orders.
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This case is TERMINATED and closed (JS-6).
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IT IS SO ORDERED.
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