Salvador Gonzalez v. Swift Transportation Co. Arizona, LLC, et al

Filing 30

ORDER DISMISSING ACTION WITHOUT PREJUDICE by Judge John F. Walter. As a result of the parties' violation of the Court's Order 17 , this action is DISMISSED without prejudice. The Pretrial Conference scheduled for November 17, 2017, and the Trial scheduled for December 12, 2017 are hereby VACATED. (Case Terminated. Made JS-6.) (cw)

JS-6
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES -- GENERAL
Case No.

EDCV 17-75-JFW (SPx)

Title:

Salvador Gonzalez -v- Swift Transportation Co. Arizona, LLC, et al.

Date: November 7, 2017

PRESENT:
HONORABLE JOHN F. WALTER, UNITED STATES DISTRICT JUDGE
Shannon Reilly
Courtroom Deputy

None Present
Court Reporter

ATTORNEYS PRESENT FOR PLAINTIFFS:
None
PROCEEDINGS (IN CHAMBERS):

ATTORNEYS PRESENT FOR DEFENDANTS:
None

ORDER DISMISSING ACTION WITHOUT PREJUDICE
FOR FAILURE TO COMPLY WITH COURT ORDER

Pursuant to the Court’s Scheduling and Case Management Order (“CMO”) filed on February
17, 2017, the parties were ordered to file a Pre-Trial Conference Order; Motions in Limine; Memo
of Contentions of Fact and Law; Pre-Trial Exhibit Stipulation; Summary of Witness Testimony and
Time Estimates; Status Report re: Settlement; Agreed Upon Set of Jury Instructions and Verdict
Forms; and Joint Statement re: Disputed Instructions, Verdicts, etc. (“Pre-Trial Documents”) by
November 6, 2017. The parties have violated the Court’s Order by failing to file the required PreTrial Documents.1
As a result of the parties’ violation of the Court’s Order, this action is DISMISSED without
prejudice. See Federal Rule of Civil Procedure 41(b); see also Yourish v. California Amplifier, 191
F.3d 983, 986-988 (9th Cir. 1999); Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992). The
Pretrial Conference scheduled for November 17, 2017, and the Trial scheduled for December 12,
2017 are hereby VACATED.
IT IS SO ORDERED.

1

The only Pre-Trial Document filed was Defendant Swift Transportation Co. Arizona LLC’s
(“Defendant”) Memorandum of Contentions of Fact and Law. Docket No. 26. Defendant also filed
a motion in limine that was stricken because it was not properly noticed for hearing. See Docket
Nos. 27 and 28. Plaintiff failed to file any Pre-Trial Documents.
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