Halliday et al v. Spjute et al

Filing 458

ORDER DISMISSING PLAINTIFF SHELLY IOANE'S CLAIMS AGAINST DEFENDANTS BRIAN APPLEGATE AND JEFFREY HODGE FOR LACK OF PROSECUTION, signed by District Judge Anthony W. Ishii on 9/9/2016. (Kusamura, W)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL IOANE, et al,

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Plaintiffs
v.
KENT SPJUTE, et al,

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CASE NO. 1:07-CV-0620 AWI EPG
ORDER DISMISSING PLAINTIFF
SHELLY IOANE’S CLAIMS AGAINST
DEFENDANTS BRIAN APPLEGATE
AND JEFFREY HODGE FOR LACK OF
PROSECUTION

Defendants

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The trial on Plaintiffs’ excessive force claims against Defendants was set to start on

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September 7, 2016. On September 6, 2016, both Plaintiffs filed separate motions to continue trial.

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See Docs. 445 and 450. Both motions were denied. Doc. 452. Shelly Ioane was reached by

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telephone on September 6 and told that trial would begin as scheduled on September 7. At the

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scheduled time for the commencement of trial, Michael Ioane Sr. was present but Shelly Ioane

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was not. As stated on the record on September 7, 2016, Shelly Ioane has failed to prosecute this

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case. Her claims against Defendants that were to be adjudicated in this trial must be dismissed.

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Judgment is granted in favor of Brian Applegate and Jeffrey Hodge on Shelly Ioane’s
excessive force claims.

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IT IS SO ORDERED.
Dated: September 9, 2016
SENIOR DISTRICT JUDGE