Steinhart v. Barkela et al

Filing 115

ORDER DISMISSING CASE. Signed by Judge Elizabeth D Laporte on 8/20/2013. (knmS, COURT STAFF) (Filed on 8/20/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SALLY STEINHART,

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Plaintiff,

United States District Court
For the Northern District of California

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No. C -11-03497 EDL
ORDER DISMISSING CASE

v.
JOSEPH BARKELA,
Defendant.

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On July 19, 2013, the Court issued an Order Granting the Barkela Defendants’ Motion

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Declaring Plaintiff a Vexatious Litigant. In that Order, the Court required Plaintiff to post security

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in the amount of $10,000 for costs before Plaintiff would be allowed to take any further action to

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prosecute this case. See Simulet East Associates v. Ramada Hotel Operating Co., 37 F.3d 573, 574

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(9th Cir. 1994) (district courts have the inherent power to require a plaintiff to post security for

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costs). The Court stated that if Plaintiff failed to post security by August 9, 2013, the Court would

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dismiss her case. See July 19, 2013 Order at 6.

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On August 9, 2013, Plaintiff filed a Motion for Leave to File a Motion for Reconsideration,

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arguing that there was no substantial evidence to support the Court’s July 19, 2013 Order and that

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the Court failed to follow applicable legal principles in reaching its decision. On August 12, 2013,

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the Court denied Plaintiff’s Motion for Leave to File a Motion for Reconsideration, and gave

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Plaintiff a second opportunity to post security as required by the Court’s July 19, 2013 Order. The

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Court stated that if Plaintiff failed to post security by August 19, 2013, the Court would dismiss her

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case. See August 12, 2013 Order at 3.

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To date, Plaintiff has failed to post the court-ordered security, and has otherwise failed to
communicate with the Court after the Court denied her Motion for Leave to File a Motion for

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Reconsideration. Accordingly, Plaintiff’s case is dismissed. The clerk shall close the file.
IT IS SO ORDERED.

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Dated: August 20, 2013
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ELIZABETH D. LAPORTE
United States Chief Magistrate Judge

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United States District Court
For the Northern District of California

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