Davenport v. Litton Loan Servicing LP et al

Filing 24

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 7/9/2010 01:30 PM. Show Cause Response due by 6/10/2010. Signed by Judge Richard Seeborg on 05/07/2010. (rslc3, COURT STAFF) (Filed on 5/7/2010)

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1 2 3 4 5 6 7 8 9 10 *E-Filed 05/07/2010* IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION KAROL DAVENPORT, Plaintiff, No. C 10-0679 RS ORDER TO SHOW CAUSE United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. LITTON LOAN SERVICING, LP, et al., Defendants. ____________________________________/ A hearing on defendants' motion to dismiss was scheduled before the Honorable Richard Seeborg on May 06, 2010 at 1:30 p.m. Although Davenport filed papers in opposition, she and her counsel failed to appear at the motion hearing. This failure suggests a lack of interest in prosecuting this case. Under Federal Rule of Civil Procedure 41(b), the court may dismiss an action for failure to prosecute. In determining whether a plaintiff's failure to prosecute warrants dismissal of the case, the court must weigh the following factors: (1) the public's interest in expeditious resolution of litigation; (2) the court's need to manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring disposition of cases on their merits; and (5) the availability of less drastic sanctions. Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir. 1986). NO. C 10-0679 RS ORDER TO SHOW CAUSE 1 2 3 4 5 6 7 8 9 10 Generally speaking, however, the district court must first warn the plaintiff that the case is in danger of being dismissed for failure to prosecute and give the plaintiff an opportunity to respond. See, e.g., Palma v. Dent, No. C 06-6151 PJH, 2007 WL 2023517, at *3 (N.D. Cal. July 12, 2007). Accordingly, Davenport is hereby ordered to show cause in writing why this case should not be dismissed for failure to prosecute under Rule 41(b). Her show cause response should be filed in this Court no later than June 10, 2010. Should defendants wish to file a response, they should do so no later than June 24, 2010. The parties are directed to appear for a show cause hearing on July 9, 2010, at 1:30 p.m. in Courtroom 3, 17th Floor, United States Courthouse, 450 Golden Gate Avenue, San Francisco, California. At the show cause hearing, both parties should also be prepared to discuss the substantive issues raised in defendants' motion to dismiss. United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NO. C 10-0679 RS ORDER TO SHOW CAUSE IT IS SO ORDERED. Dated: 05/07/2010 RICHARD SEEBORG UNITED STATES DISTRICT JUDGE 2

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