McCarthy v. Emerald Investments, Inc.

Filing 16

ORDER DISMISSING CASE for lack of prosecution and failure to timely serve defendants with summons and complaint. Signed by Judge William Alsup on 8/4/2016. (whasec, COURT STAFF) (Filed on 8/4/2016)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ROBERT MCCARTHY,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 16-00759 WHA

v.
EMERALD INVESTMENTS INC.,
and DOES 1 through 10, inclusive,

ORDER DISMISSING CASE

Defendants.
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This case was called at 11:00 a.m. on July 21, 2016, for a regularly scheduled case

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management conference, properly noticed, and no one appeared. The Court sent out an order

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to show cause why the case should not be dismissed for lack of prosecution and for failure to

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timely serve the summons and complaint.

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Plaintiff was ordered to show cause at 11:00 a.m. today why the case should not be

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dismissed for lack of prosecution and for failure to timely serve the summons and complaint.

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Plaintiff was also ordered to show under oath by way of declaration by noon on August 2 any

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facts on which the showing would be made. The order to show cause specifically stated that “if

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plaintiff fails to file a written response and appear at the hearing, this case will be dismissed.”

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Today (August 4) at 11:00 a.m., the order to show cause in this case was called and no

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one appeared (yet again). It was then put over to the end of the calendar to give counsel further

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opportunity to appear. At the end of the calendar (11:08 a.m.), this case was called once again.

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Again, no one was present. In addition, no declaration or other statement of any type was filed

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to explain the lack of prosecution and failure to serve. Accordingly, pursuant to the order to

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show cause dated July 21, 2016, this civil action is DISMISSED for lack of prosecution as well as

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for failure to timely serve defendants with summons and complaint. The Clerk shall CLOSE the

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file.

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IT IS SO ORDERED.

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Dated: August 4, 2016.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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