Mordoff v. City of Modesto et al

Filing 54

ORDER on Order to Show Cause and ORDER Terminating Action, signed by District Judge Anthony W. Ishii on 2/3/14. CASE CLOSED. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSHUA MORDOFF,

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CASE NO. 1:11-CV-1039 AWI SAB

Plaintiff
ORDER ON ORDER TO SHOW CAUSE
AND ORDER TERMINATING ACTION

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v.

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CITY OF MODESTO, et al.,

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Defendants

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On January 23, 2014, the Court vacated a pre-trial conference and issued an order to show
cause why sanctions should not be imposed. See Doc. No. 52. Defendants filed a response that
indicates that this matter has fully settled, but that Plaintiff has refused to submit dismissal papers.
See Doc. No. 53. Plaintiff failed to respond to the Court’s order or to Defendants’ response.
After considering the Defendants’ response, the Court will impose no sanctions against
Defendants. As for Plaintiff, he does not refute Defendants’ assertion that this case has settled,
nor has he refuted that he has been unresponsive and uncooperative as to his settlement
obligations. Despite the fact that this case has concluded, Plaintiff has inexplicably remained
silent. In the absence of any response from Plaintiffs, and given Plaintiff’s disregard for his
obligations to this Court and opposing counsel, this case will be dismissed with prejudice. See
Local Rule 110; Bautista v. Los Angeles Cnty, 216 F.3d 837, 841 (9th Cir. 2000); Ghazali v.
Moran, 46 F.3d 52, 53-54 (9th Cir. 1995); In re Eisen, 31 F.3d 1447, 1456 (9th Cir. 1994); Ferdik
v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992).

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Accordingly, IT IS HEREBY ORDERED that:

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All currently scheduled dates and deadlines are VACATED;

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This case is DISMISSED WITH PREJUDICE; and

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The Clerk shall CLOSE this case.

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IT IS SO ORDERED.
Dated: February 3, 2014
SENIOR DISTRICT JUDGE

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