Nusbaum v. City of Hayward, et al

Filing 51

ORDER DISMISSING CASE. Signed by Judge Breyer on 12/22/2017. (crblc2S, COURT STAFF) (Filed on 12/22/2017)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JASON NUSBAUM,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 16-cv-06264-CRB

v.
JOSHUA CANNON, et al.,
Defendants.

ORDER DISMISSING CASE
WITHOUT PREJUDICE TO
REFILING WITHIN THE
APPLICABLE STATUTE OF
LIMITATIONS

Jason Nusbaum filed this civil rights complaint in late 2016, alleging among other

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things an unconstitutional arrest and unlawful use of force by the Hayward Police Dept.

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Nusbaum’s attorneys withdrew from the case on July 11, 2017. Dkt. 31. Since then,

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Nusbaum has been unable to find legal representation, and has had difficulty proceeding

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pro se, failing to comply with at least two discovery deadlines. See dkts. 33, 40, 42. The

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Court granted Nusbaum’s request to postpone a status conference originally scheduled for

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Aug. 25, 2017, to give him time to find a new lawyer. Dkt. 37. The Court attempted to

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hold a status conference on Oct. 27, allowing Nusbaum to appear by telephone, but

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Nusbaum was unable to properly connect via the telephonic system. Dkt. 42. The Court

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rescheduled the status conference for Nov. 9, ordering Nusbaum to appear in person. Dkt.

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42. Nusbaum did not appear. Dkt. 43. Subsequently, he moved the Court for another

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continuance. Dkt. 44. The Court granted this request, stating that it would dismiss the

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case if Nusbaum did not appear on Dec. 15. Dkt. 45. Nusbaum again failed to appear.

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While the Court is sympathetic to the difficulties Nusbaum has had in prosecuting

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his case, it must also consider judicial efficiency and fairness to the opposing parties. The

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Court therefore DISMISSES the case for failure to prosecute without prejudice to refiling