Griley v. National City Mortgage et al

Filing 30

ORDER to SHOW CAUSE signed by Judge William B. Shubb on 3/18/2011 ORDERING that within 21 days of the date of this Order, plaintiff shall file a brief to show cause why this action should not be dismissed pursuant to FRCP 42(b) for failure to prosecu te; pltf shall file a status report as required by the Court's Status Pretrial Scheduling Conference Order 5 ; Scheduling Conference is continued to 4/18/2011 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb; Counsel for pltf shall personally attend the conference. (Reader, L)

-EFB (TEMP) Griley v. National City Mortgage et al

Doc. 30

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Plaintiff, 15 v. 16 17 18 19 20 21 22 23 in this action for March 21, 2011, and the parties were required 24 to submit a Joint Status Report by March 7, 2011. 25 filed a separate status report, stating that they attempted to 26 reach plaintiff's counsel "for several weeks" in order to prepare 27 the Joint Status Report, but were unsuccessful. 28 1 (Docket No. 28.) Defendants ----oo0oo---A Status (Pretrial Scheduling) Conference was scheduled NATIONAL CITY MORTGAGE, a division of NATIONAL CITY BANK OF INDIANA; NATIONAL CITY BANK OF INDIANA; PNC MORTGAGE CORP; GREEN TREE SERVICING, LLC; FANNIE MAE and DOES 1 to 50 Defendants. / PAUL GRILEY, individually and on behalf of the General Public of the State of California NO. CIV. 2:10-1204 WBS EFB ORDER TO SHOW CAUSE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ----oo0oo----

Dockets.Justia.com

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The Clerk also attempted to contact plaintiff's counsel multiple times, using the contact information provided by counsel, but could not reach him. A plaintiff's failure to prosecute or to comply with the Federal Rules of Civil Procedure or a court order constitutes grounds for dismissal of the action. Fed. R. Civ. P. 41(b). The

court does not wish to keep a case on its docket, nor should it set discovery deadlines and a trial date, when the plaintiff has no interest in prosecuting the action. IT IS THEREFORE ORDERED that within twenty-one days of the date of this Order, plaintiff shall file a brief to show cause why this action should not be dismissed pursuant to Fed. R. Civ. P. 42(b) for failure to prosecute. At the same time,

plaintiff shall file a status report as required by the court's Status (Pretrial Scheduling) Conference Order (Docket No. 5). The Status (Pretrial Scheduling) Conference is continued to April 18, 2011, at 2:00 p.m. in Courtroom No. 5. shall personally attend the conference. Counsel for plaintiff

Plaintiff is advised

that failure to comply with this Order may result in dismissal of the action. DATED: March 18, 2011

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