Mazzaferro v. Stanaland et al

Filing 130

ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED WITH PREJUDICE FOR FAILURE TO PROSECUTE (Illston, Susan) (Filed on 12/19/2013)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED WITH
PREJUDICE FOR FAILURE TO
PROSECUTE

Plaintiff,

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No. C 11-4097 SI

RONALD MAZZAFERRO,

v.
MANSUETTO LENCI,
Defendant.

/

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On December 17, 2013, the Court held a regularly scheduled pretrial conference in preparation
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for the trial scheduled to begin on January 27, 2014. Neither party appeared for the pretrial hearing, nor
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did the parties file a pretrial conference statement as required by Federal Rule of Civil Procedure 16 and
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by the Court’s February 7, 2013 Pretrial Order and Standing Order. See Docket No. 81. The parties did
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not obtain leave of Court to be excused from filing a pretrial conference statement or attending the
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pretrial conference.
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The Court notes that plaintiff also failed to appear for a November 22, 2013 case management
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conference as well as a December 13, 2013 hearing before Magistrate Judge Ryu. Judge Ryu issued an
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Order to Show Cause directing plaintiff to show cause in writing by December 23, 2013, why Judge Ryu
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should not recommend to this Court that the case be dismissed for failure to prosecute.
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Based upon plaintiff’s repeated failures to attend scheduled hearings and otherwise comply
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with Court deadlines, plaintiff is hereby ORDERED TO SHOW CAUSE in writing no later than
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December 23, 2013, why this Court should not dismiss the case with prejudice for failure to

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prosecute. See Fed. R. Civ. Proc. 41(b).

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IT IS SO ORDERED.

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Dated: December 19, 2013
SUSAN ILLSTON
United States District Judge

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United States District Court
For the Northern District of California

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