Perri v. CA, Inc.

Filing 32

ORDER vacating hearing re 31 Order to Show Cause; dismissing case for lack of prosecution. Signed by Judge James Ware on July 6, 2011. (jwlc2, COURT STAFF) (Filed on 7/6/2011)

1
2
3
4
5
6
7

IN THE UNITED STATES DISTRICT COURT

8

FOR THE NORTHERN DISTRICT OF CALIFORNIA

9

SAN FRANCISCO DIVISION
NO. C 10-02675 JW

Lisa Marie Perri,

11

ORDER VACATING JULY 11 HEARING;
DISMISSING CASE FOR LACK OF
PROSECUTION

Plaintiff,
v.

For the Northern District of California

United States District Court

10

12
CA, Inc.,
13
Defendant.
14
15

/
On June 8, 2011, the neutral Mediator in this case informed the Court that the above-entitled

16

matter has reached a settlement. (See Docket Item No. 30.) On June 17, 2011, in light of the

17

settlement, the Court vacated all trial and pretrial dates in this matter and ordered the parties to file a

18

stipulated dismissal on or before July 1, 2011. (hereafter, “June 17 Order,” Docket Item No. 31.) In

19

the event that a dismissal was not filed by July 1, 2011, the Court ordered the parties to show cause

20

on July 11, 2011 why this case should not be dismissed pursuant to Fed. R. Civ. P. 41(b). (Id.)

21

Pursuant to its Order to Show Cause, the Court also ordered the parties, on or before July 1, 2011, to

22

file a joint statement setting forth the status of their activities for finalizing the settlement and how

23

much additional time is requested to finalize and file the dismissal. (Id.) The Court explained that

24

“[f]ailure to comply with any part of [the June 17 Order] will be deemed sufficient grounds to

25

dismiss this action.” (Id. at 2.)

26
27
28

1

To date, the parties have filed neither a stipulated dismissal nor a response to the Court’s

2

June 17 Order. Accordingly, the Court finds good cause to dismiss this action for lack of

3

prosecution.1

4

The Clerk shall immediately close this file.

5
6
7

Dated: July 6, 2011
JAMES WARE
United States District Chief Judge

8
9

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
1

27
28

In light of the Court’s dismissal of this action for lack of prosecution, the July 11 Hearing
is VACATED.
2

1

THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:

2

Kraig Douglas Jennett [e-mail]
Randal M. Barnum [e-mail]
Seth Alan Rafkin [e-mail]

3
4
5

Dated: July 6, 2011

Richard W. Wieking, Clerk

6
By:
7
8
9

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

/s/ JW Chambers
Susan Imbriani
Courtroom Deputy