Love et al v. Elco Administrative Services/Enterprise Rent A Car et al

Filing 22

ORDER FOR CLERK OF COURT TO REASSIGN CASE; REPORT AND RECOMMENDATIONS re 6 MOTION to Dismiss Complaint filed by Claudia Noble-Levingston Objections to R&R due by 11/14/2008. Signed by Judge Maria-Elena James on 10/30/2008. (mejlc1, COURT STAFF) (Filed on 10/30/2008)

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: October 30, 2008 MARIA-ELENA JAMES United States Magistrate Judge On January 14, 2008, Defendant Claudia Noble-Livingston removed the above captionedmatter to this Court, and then filed a Motion to Dismiss on January 18, 2008. (Dkt. #6.) Since removal of the case, Plaintiffs Rodney Love and Rosie Lee Venson have made no appearances before this Court. On April 23, 2008, the Court issued an Order to Show Cause as to why the case should not be dismissed for failure to prosecute. (Dkt. #20.) Plaintiffs failed to respond to the April 23 Order, and they failed to appear at the May 15, 2008 Order to Show Cause hearing. Accordingly, pursuant to Civil Local Rule 41(b), the Court finds it appropriate to dismiss this action for failure to prosecute. However, as the undersigned magistrate judge has been unable to obtain Plaintiffs' consent to proceed before a magistrate judge, the Court ORDERS that this matter be reassigned to a United States District Judge and RECOMMENDS that the newly-assigned judge dismiss this matter for failure to prosecute. IT IS SO ORDERED AND RECOMMENDED. vs. ELCO ADMINISTRATIVE SERVICES, et al., Defendant(s). / IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA RODNEY LOVE, et al., Plaintiff(s), No. C 08-0223 MEJ ORDER FOR CLERK OF COURT TO REASSIGN CASE REPORT & RECOMMENDATION

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Rodney Love Rosie Lee Venson 2193 48th Avenue Oakland, CA 94601 Dated: October 30, 2008 RODNEY LOVE et al, Plaintiff, v.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV08-00223 MEJ CERTIFICATE OF SERVICE

ELCO ADMINISTRATIVE SERVICES et al, Defendant. /

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on October 30, 2008, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Richard W. Wieking, Clerk By: Brenda Tolbert, Deputy Clerk

Page 2 of 2