Tolbert v. City & County of San Francisco Department of Public Health et al

Filing 133

ORDER RE MOTION TO SET ASIDE. Signed by Judge James Donato on 1/5/2022. (jdlc3, COURT STAFF) (Filed on 1/5/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

Case 3:16-cv-00810-JD Document 133 Filed 01/05/22 Page 1 of 1

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KIM E. TOLBERT,
Plaintiff,

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Case No. 3:16-cv-00810-JD
ORDER RE MOTION TO SET ASIDE

v.

Re: Dkt. No. 130
CITY & COUNTY OF SAN FRANCISCO
DEPARTMENT OF PUBLIC HEALTH, et
al.,
Defendants.
Plaintiff Tolbert’s request to set aside the dismissal of this action, Dkt. No. 130, is denied.

United States District Court
Northern District of California

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The Court has detailed in prior orders Tolbert’s long record of failing to appear at hearings and

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settlement conferences, fulfill her discovery obligations, and meet the Court’s deadlines. See Dkt.

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Nos. 121, 123, 124. In response to the Court’s multiple warnings about this unacceptable conduct,

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Tolbert has at various times blamed ill health, the COVID pandemic, and a bad lawyer. In the

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request to set aside the order dismissing her case for failing to respond to the Court’s most recent

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order to show cause, see Dkt. Nos. 124 and 128, Tolbert says she did not get a copy of the OSC

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and that the Clerk’s Office was closed to her due to the pandemic.

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Neither claim is persuasive. To start, the ECF docket indicates that Tolbert routinely

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received the Court’s prior orders without a problem. Consequently, the Court declines to credit

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Tolbert’s assertion that the last OSC did not reach her. With respect to the Clerk’s office, the

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District made ECF filing available to all pro se litigants in May 2020. Tolbert did not avail herself

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of that opportunity. In addition, the Clerk’s office continued to process filings received by U.S.

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mail during the occasional closures of the office to in-person visits. Tolbert was not denied access

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to the Court in any way.

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IT IS SO ORDERED.
Dated: January 5, 2022

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JAMES DONATO
United States District Judge