Rosenda Flores et al v. City of California City et al

Filing 50

ORDER DISMISSING Action without prejudice for failure to prosecute; ORDER DIRECTING Clerk to serve Plaintiffs at 21361 Reed Place, California City, CA 93505, signed by District Judge Dale A. Drozd on 9/3/2019. CASE CLOSED (Martin-Gill, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ROSENDA FLORES, et al.,

12

Plaintiffs,

13

v.

14

No. 1:18-cv-00703-DAD-JLT

ORDER

CITY OF CALIFORNIA, et al.,

15

Defendants.

16
On May 2, 2017, after issuing an order dismissing plaintiffs’ complaint with leave to

17
18

amend (Doc. No. 40), the court learned that plaintiffs’ counsel of record had unexpectedly passed

19

away. (Doc. No. 41.) Over the next few months, the court attempted to ascertain if and how the

20

plaintiffs wished to proceed with this action. (See Doc. Nos. 41, 43, 45.) On July 16, 2019, after

21

plaintiffs appeared before the court to show cause why this matter should not be dismissed for

22

failure to prosecute, the court issued an order directing plaintiffs to file an amended complaint in

23

this action by August 27, 2019, and to inform the court if they had secured substitute counsel to

24

represent them or if they wished to proceed pro se. (Doc. No. 48.) That order contained clear

25

notice to plaintiffs that the “[f]ailure to file an amended complaint by August 27, 2019 will result

26

in dismissal of this case without prejudice1 for failure to prosecute.” (Id. at 2) (emphasis

27
28

“Without prejudice” means without prejudice to plaintiffs’ refiling this action at a later time. In
other words, dismissal of this case without prejudice means that plaintiffs will be able to refile
1
1

1

omitted). To date, plaintiffs have not filed an amended complaint, nor have they updated the

2

court on their efforts to secure substitute counsel or their desire to proceed pro se, and the time to

3

do so has since passed.

4

Accordingly,

5

1.

This action is dismissed without prejudice for failure to prosecute;

6

2.

The Clerk of Court is directed to:

7

a.

8

Serve this order on plaintiffs by mail at 21361 Reed Place, California City,
CA 93505; and

9

b.

Close this case.

10
11
12

IT IS SO ORDERED.
Dated:

September 3, 2019
UNITED STATES DISTRICT JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

their claims in the future should they wish to do so.
2