McCarthy v. Nash et al

Filing 12

ORDER OF DISMISSAL. Signed by Judge Haywood S. Gilliam, Jr. on 11/10/2016. (ndrS, COURT STAFF) (Filed on 11/10/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROBERT MCCARTHY,

Case No. 16-cv-02312-HSG

Plaintiff,
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ORDER OF DISMISSAL

v.
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LITTIE B. NASH, et al.,
Defendants.

United States District Court
Northern District of California

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On April 27, 2016, Plaintiff Robert McCarthy filed this action against Defendants Trustee

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Littie B. Nash, Cappo Management XXVIII, and Joe Shaghasi, asserting violation of (1) the

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Americans with Disabilities Act (“ADA”) and (2) California accessibility laws. Dkt. No. 1. On

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April 28, 2016, the Court entered the standard scheduling order for cases asserting denial of right

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of access under the ADA. Dkt. No. 4.
On October 18, 2016, the Court issued an order to show cause why Plaintiff had failed to

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file a “Notice of Need for Mediation” by the Court’s September 21, 2016, deadline. Dkt. No. 10.

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Plaintiff failed to respond to the Court’s order to show cause.
On October 25, 2016, the Court issued another order to show cause why the Court should

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not dismiss this action for failure to prosecute. Dkt. No. 11. In the order, the Court informed

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Plaintiff that failure to respond would result in dismissal of this action with prejudice. Id.

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Plaintiff again did not respond to the Court’s order.

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Plaintiff has failed to comply with the Court’s scheduling order, respond to the Court’s

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orders to show cause, and otherwise participate in this litigation. The Court finds that Plaintiff has

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demonstrated that he is unable or unwilling to adequately prosecute this case. Accordingly, the

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Court DISMISSES this action WITH PREJUDICE under Federal Rule of Civil Procedure 41(b)

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for failure to prosecute. Both parties shall bear their own costs of suit. The clerk shall close the

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file.

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IT IS SO ORDERED.
Dated: 11/10/2016
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge

United States District Court
Northern District of California

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