Donne et al v. Hardt et al

Filing 35

ORDER Adopting in Full the Findings and Recommendations Dismissing the Action for Plaintiffs' Failure to Prosecute, signed by District Judge Anthony W. Ishii on 10/31/13. CASE CLOSED. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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IN RE:

CASE NO. 1:10-CV-2014 AWI JLT

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TIMOTHY JOHN HARDT and
MICHELLE RENE HARDT

ORDER ADOPTING IN FULL THE
FINDINGS AND RECOMMENDATIONS
DISMISSING THE ACTION FOR
PLAINTIFFS’ FAILURE TO
PROSECUTE

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Debtors.
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MARK DELL DONNE, individually, as a
participant in THE JOURNEY
ELECTRICAL TECHNOLOGIES, INC.
401K PLAN, and as trustee of THE
JOURNEY ELECTRICAL
TECHNOLOGIES, INC. 401K PLAN;
THE JOURNEY ELECTRICAL
TECHNOLOGIES, INC. 401K PLAN;
and THE JOURNEY ELECTRICAL
TECHNOLOGIES, INC., a California
corporation,

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Plaintiffs
v.
TIMOTHY JOHN HARDT, an
individual; MICHELLE RENE HARDT,
and individual, and DOES 1-200,

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Defendants
On September 30, 2013, Plaintiffs’ counsel filed declarations asking the court to dismiss

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the case without prejudice as Plaintiffs had cut off contact with counsel; despite attempts at

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communication, counsel have not heard from Plaintiffs in over six months. Docs. 32 and 33. On

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October 1, 2013, Magistrate Judge Jennifer Thurston issued a findings and recommendations that

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the action be dismissed without prejudice. Doc. 34. That document advised the parties that any

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objections should be filed within fourteen days. No party has filed any objections.

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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley

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United School Dist., 708 F.2d 452, 454 (9th Cir. 1983), this Court has conducted a de novo review

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of the case. Having carefully reviewed the entire file, the Court finds that the findings and

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recommendation are supported by the record and by proper analysis.

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Accordingly, IT IS HEREBY ORDERED:

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The Findings and Recommendations filed October 1, 2013 (Doc. 34), are ADOPTED IN

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FULL.
Plaintiffs’ claims are DISMISSED WITHOUT PREJUDICE.

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IT IS SO ORDERED.
Dated: October 31, 2013
SENIOR DISTRICT JUDGE

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