Renowitzky v. ABC 7 News et al

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATION TO DISMISS FOR FAILURE TO PROSECUTE (Illston, Susan) (Filed on 6/16/2017) (Additional attachment(s) added on 6/16/2017: # 1 Certificate/Proof of Service) (tfS, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CARL RENOWITZKY,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 17-cv-00491-SI

v.
ABC 7 NEWS, et al.,
Defendants.

ORDER ADOPTING REPORT AND
RECOMMENDATION TO DISMISS
FOR FAILURE TO PROSECUTE
Re: Dkt. No. 9

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On May 24, 2017, Magistrate Judge Laporte issued a report and recommendation (the

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“Report”) in this case. Dkt. No. 9. The Report recommends that the Court dismiss this libel

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action for failure to prosecute. Id. In particular, plaintiff was required to serve defendants by May

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1, 2017, unless excused for good cause. See Fed. R. Civ. P. 4(m). However, plaintiff has not

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filed a proof of service or executed waiver. None of the defendants have appeared. Plaintiff also

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failed to: (1) respond to notices from the clerk regarding consent or declination to proceed before a

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magistrate judge; (2) file a Case Management Conference statement by the May 9, 2017 deadline;

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(3) attend the May 16, 2017 Case Management Conference; and (4) respond by the May 22, 2017

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deadline to Judge Laporte’s Order to Show Cause why the case should not be dismissed without

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prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b). Additionally, the

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Order to Show Cause cautioned plaintiff that a failure to respond would result in a

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recommendation for dismissal of the action for failure to prosecute. Dkt. No. 8 at 1:22-24.

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Pursuant to 28 U.S.C. § 636(b)(1), the parties had fourteen days from service of the Report

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to file written objections. See also Fed. R. Civ. P. 72(b); Civil Local Rule 72-3. No party filed

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objections to the Report by the deadline.

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The Court has reviewed the Report and the docket in this case. The Court agrees with

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Judge Laporte’s analysis and, accordingly, ADOPTS the Report and Recommendation. This case

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is DISMISSED without prejudice for failure to prosecute.

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IT IS SO ORDERED.
Dated: June 16, 2017
______________________________________
SUSAN ILLSTON
United States District Judge

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United States District Court
Northern District of California

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