Nshimba v. Lowe's Home Improvement Warehouse, Inc. et al

Filing 59

ORDER DISMISSING CASE. Signed by Judge Richard Seeborg on 12/9/11. (cl, COURT STAFF) (Filed on 12/9/2011)

*E-Filed 12/9/11*

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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For the Northern District of California

United States District Court

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LINO NSHIMBA,

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Plaintiff,

No. C 10-2982 RS
ORDER DISMISSING ACTION

v.
LOWE’S HOME IMPROVEMENT
WAREHOUSE, INC., et al.,

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Defendants.
____________________________________/

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The assigned magistrate judge issued a Report and Recommendation herein on November 3,

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2011. The time for objecting to the Report and Recommendation has elapsed, and no objections

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have been filed. Based on the findings and for the reasons set forth in the Report and

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Recommendation, which are hereby adopted, terminating sanctions are warranted. The record,

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however, does not permit a determination as to the extent to which, if any, plaintiff, as opposed to

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his counsel, is at fault for the failures to comply with discovery obligations. Accordingly, in lieu of

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the entry of default judgment against plaintiff under Rule 37(b)(2)(A)(vi) of the Federal Rules of

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Civil Procedure, this action is hereby dismissed, without prejudice, pursuant to Rule 37(b)(2)(A)(v).

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NO. C 10-2982 RS
ORDER

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The Clerk shall close the file. The assigned magistrate judge retains jurisdiction to refer

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plaintiff’s counsel to the Discipline Oversight Committee based on conduct occurring in connection

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with the matters referred for his adjudication, and may do so in the exercise of discretion.

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IT IS SO ORDERED.

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Dated: 12/9/11
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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