Salvador Gonzalez v. Swift Transportation Co. Arizona, LLC, et al
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)
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES -- GENERAL
EDCV 17-75-JFW (SPx)
Salvador Gonzalez -v- Swift Transportation Co. Arizona, LLC, et al.
Date: November 7, 2017
HONORABLE JOHN F. WALTER, UNITED STATES DISTRICT JUDGE
ATTORNEYS PRESENT FOR PLAINTIFFS:
PROCEEDINGS (IN CHAMBERS):
ATTORNEYS PRESENT FOR DEFENDANTS:
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.
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.
Page 1 of 1
Initials of Deputy Clerk sr
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?