Johnson v. Soohoo et al

Filing 35

ORDER GRANTING 34 Application for Dismisal of Entire Action. Signed by Judge JEFFREY S. WHITE on 4/14/11. (jjoS, COURT STAFF) (Filed on 4/14/2011)

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Gregory M. Fox, State Bar No. 070876
BERTRAND, FOX & ELLIOT
The Waterfront Building
2749 Hyde Street
San Francisco, California 94109
Telephone:
[phone]
Facsimile:
[phone]
Teresa L. Highsmith State Bar No. 155262
Office of the City Attorney
2263 Santa Clara Avenue, Room 280
Alameda, California 94501-4477
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants
ROGER SOOHOO, sued erroneously as ROBERT SOOHOO, JOHN KAANAHE,
JENNIFER BASHAM, RONALD JONES, KEVIN HIROKOSHI, JIM PITTS
and THE CITY OF ALAMEDA

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CAREY L. JOHNSON,

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Plaintiff,
vs.
ROBERT SOOHOO, et al.,
Defendants.

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Case No.: C08-05456 JSW
APPLICATION FOR AND [PROPOSED]
ORDER OF DISMISSAL OF ENTIRE
ACTION

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Plaintiff, in a status report dated January 5, 2010, advised the Court that the state criminal

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proceedings against him were dismissed in November 2009, that he was awaiting receipt of a

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dismissal order by the state court, and he would then proceed with this action. [Dkt. #30.]

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This Court then ordered parties to submit a further status report by January 14, 2011

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indicating how they intended to proceed. [Dkt. #31.] Alameda defendants complied with this order,

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efiling their status report on January 14, 2011. [Dkt. #32.]

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The Court then issued an Order to Show Cause in writing by February 18, 2011 why

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plaintiff’s claims should not be dismissed for failure to comply with the Court’s order [Dkt. #31] and
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APPLICATION FOR DISMISSAL OF ENTIRE ACTION`

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for failure to prosecute, warning plaintiff that a failure to file a written response would cause his

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action to be dismissed without prejudice. [Dkt. #33.] Plaintiff failed to respond to the Court’s OSC.

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Alameda defendants therefore request that the Court dismiss this action without prejudice.

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Dated: April 13, 2011

BERTRAND, FOX & ELLIOT

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By:

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/s/
Gregory M. Fox
Attorneys for Defendants
ROGER SOOHOO, JOHN KAANAHE,
JENNIFER BASHAM, RONALD JONES, KEVIN
KIROKOSHI, JIM PITTS
and THE CITY OF ALAMEDA

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ORDER
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Good cause, appearing, IT IS SO ORDERED. The entire action is dismissed without prejudice.

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Dated:

April 14, 2011
UNITED STATES DISTRICT JUDGE
JEFFREY S. WHITE

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APPLICATION FOR DISMISSAL OF ENTIRE ACTION`