Wilson v. Donovan et al

Filing 18

ORDER RE STATUS. Signed by Judge Maria-Elena James on 7/28/2011. (cdnS, COURT STAFF) (Filed on 7/28/2011)

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UNITED STATES DISTRICT COURT

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Northern District of California

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VICTOR T. WILSON,

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No. C 10-05950 MEJ

Plaintiff,
v.

ORDER RE STATUS

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SHAUN DONOVAN, Secretary of the U.S.
Department of Housing and Urban
Development, WILLIAM M. ELSBURY,
KIMBERLY Y. NASH, and DOES 1 through
100,

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Defendants.
_____________________________________/

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For the Northern District of California

UNITED STATES DISTRICT COURT

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On May 18, 2011, the Court granted Defendant Shaun Donovan’s Motion to Dismiss

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Plaintiff Victor Wilson’s Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). Dkt. No.

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16. However, because the Court found that Plaintiff may cure the pleading deficiencies as outlined

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in the May 18 Order, the Court granted Plaintiff leave to file a First Amended Complaint within 14

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days of the Order. Plaintiff has failed to file any amended complaint. Accordingly, the Court

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ordered Plaintiff Victor T. Wilson to show cause why this case should not be dismissed with

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prejudice for failure to prosecute. Although Plaintiff failed to respond to the order to show cause,

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counsel for Defendants appeared at the hearing on July 28, 2011, and informed the Court that this

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matter had settled as part of another case. Accordingly, the Court hereby ORDERS the parties to

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file a stipulation for dismissal or joint status report by August 25, 2011. If Plaintiff does not

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contribute to the dismissal or status report filing, this case shall be dismissed with prejudice.

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IT IS SO ORDERED.

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Dated: July 28, 2011
_______________________________
Maria-Elena James
Chief United States Magistrate Judge