Tilei v. Wan et al

Filing 121

ORDER Requiring Plaintiff to File a Declaration Showing Cause why this Case Should not be Dismissed for Plaintiff's Failure to Prosecute signed by Judge Oliver W. Wanger on 07/14/2011. Show Cause Response due by 7/25/2011. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PUNAOFO TSUGITO TILEI,

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1:06-cv-00776-OWW-GSA-PC

Plaintiff,

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v.

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ORDER REQUIRING PLAINTIFF TO FILE A
DECLARATION SHOWING CAUSE WHY
THIS CASE SHOULD NOT BE DISMISSED
FOR PLAINTIFF’S FAILURE TO
PROSECUTE

T. WAN, et al.,

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DEADLINE: JULY 25, 2011
Defendants.

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/
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This matter is set for jury trial on August 2, 2011 before District Judge Oliver W.

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Wanger. Pursuant to the Court’s Second Scheduling Order, filed on April 27, 2010, Plaintiff’s

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pretrial statement was due on May 26, 2011. (Doc. 112.) Plaintiff has not filed a pretrial

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statement or otherwise responded to the Second Scheduling Order.

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On June 10, 2011, defendants filed a motion to dismiss this case based on Plaintiff's

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failure to prosecute. (Doc. 117.) Plaintiff was required to file a response to defendants' motion

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within twenty-one days. Local Rule 230(l). To date, Plaintiff has not filed an opposition or

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otherwise responded to defendants' motion.

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On June 13, 2011, the Court issued an order requiring Plaintiff to indicate whether he is

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willing to consent to Magistrate Judge jurisdiction, within thirty days. (Doc. 119.) To date,

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Plaintiff has not responded to the order.
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On June 15, 2011, the Court entered an order vacating the Pretrial Conference which was

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scheduled for June 20, 2011, based on Plaintiff's failure to file a pretrial statement. Plaintiff has

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not responded to the order or otherwise prosecuted this action since the order was entered.

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Plaintiff is required to show cause, by July 25, 2011, why this case should not be
dismissed for his failure to prosecute.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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On or before July 25, 2011, Plaintiff shall file a declaration showing cause why
this action should not be dismissed for Plaintiff's failure to prosecute; and

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Plaintiff’s failure to comply with this order shall result in the dismissal of this

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action.

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IT IS SO ORDERED.

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Dated:
July 14, 2011
emm0d6

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

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