Brownfield et al v. Flowers Baking Co. of California, LLC

Filing 42

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 6/20/2017 RECOMMENDING that plaintiff Sylvie Serrano's action be dismissed, without prejudice, for lack of prosecution and for failure to comply with the court's order. Referred to Judge John A. Mendez. Objections due within 21 days after being served with these findings and recommendations. (Donati, J)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CRAIG BROWNFIELD, et al., 12 Plaintiffs, 13 14 15 No. 2:15-cv-02034 JAM AC v. FINDINGS AND RECOMMENDATIONS FLOWERS BAKING CO. OF CALIFORNIA, LLC, Defendant. 16 17 Plaintiff Sylvie Serrano is proceeding in this action pro se. The action was accordingly 18 19 referred to the undersigned for pretrial matters by E.D. Cal. R. (“Local Rule”) 302(c)(21). 20 Defendant Flowers Baking Co. has moved for terminating sanctions against pro se plaintiff Sylvie 21 Serrano, on grounds that she has effectively abandoned the litigation. ECF Nos. 37 and 38. This 22 matter was noticed for a hearing on June 7, 2017. Id. Plaintiff’s opposition or statement of non- 23 opposition to the motion was due on or before May 24, 2017. See Local Rule 230(c). Plaintiff 24 did not filed a response to the motion. Accordingly, the undersigned vacated the hearing, and 25 issued an Order to Show Cause why plaintiff’s claims should not be dismissed for failure to 26 prosecute. ECF No. 41. Plaintiff’s response was due June 15, 2017, and she failed to respond. 27 //// 28 //// 1 1 Therefore, IT IS HEREBY RECOMMENDED that plaintiff Sylvie Serrano’s action be 2 dismissed, without prejudice, for lack of prosecution and for failure to comply with the court’s 3 order. See Fed. R. Civ. P. 41(b). 4 These findings and recommendations are submitted to the United States District Judge 5 assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one 6 (21) days after being served with these findings and recommendations, any party may file written 7 objections with the court. Such document should be captioned “Objections to Magistrate Judge’s 8 Findings and Recommendations.” Local Rule 304(b). Failure to file objections within the 9 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 10 F.2d 1153 (9th Cir. 1991). 11 DATED: June 20, 2017 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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