Farr v. FedEx

Filing 36

ORDER signed by Magistrate Judge Dale A. Drozd on 10/15/2013 ORDERING 27 Defendant's Motion for Summary Judgment is DENIED without prejudice to renewal, as MOOT; Plaintiff shall file a notice of voluntary dismissal within 7 days of the date of this order; and failure to file a timely notice of voluntary dismissal will result in the undersigned issuing F & R's recommending that this action be dismissed due to plaintiff's failure to prosecute this action and to comply with the court's orders and the Local Rules. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GREGORY FARR,

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Plaintiff,

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No. 2:12-cv-1548 TLN DAD PS

v.

ORDER

FEDEX OFFICE AND PRINT
SERVICES, INC.,
Defendant.

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This matter came before the court on October 11, 2013, for hearing of defendant’s

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motion for summary judgment. Plaintiff Gregory Farr appeared on his own behalf. Joel Van

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Parys, Esq., appeared on behalf of defendant FedEx Office and Print Services, Inc.
At the October 11, 2013 hearing, during a discussion of plaintiff’s failure to

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comply with the court’s July 15, 2013 order and failure to oppose defendant’s motion for

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summary judgment, plaintiff requested that this action be voluntarily dismissed without prejudice.

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Defendant had no objection to plaintiff’s request.
Accordingly, upon consideration of the parties’ arguments on file and at the

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hearing, and for the reasons set forth in detail on the record, IT IS HEREBY ORDERED that:

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1. Defendant’s June 27, 2013 motion for summary judgment (Doc. No. 27) is

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denied, without prejudice to renewal, as moot;

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2. Plaintiff shall file a notice of voluntary dismissal within seven days of the date
of this order; and

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3. Failure to file a timely notice of voluntary dismissal will result in the

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undersigned issuing Findings and Recommendations recommending that this action be dismissed

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due to plaintiff’s failure to prosecute this action and to comply with the court’s orders and the

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Local Rules.

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Dated: October 15, 2013

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DAD:6
Ddad1\orders.pro se\farr1548.oah.101113.docx

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