Devera v. Western Progressive, LLC et al

Filing 25

ORDER DISMISSING CASE. Signed by Judge James Donato on 11/14/17. (lrcS, COURT STAFF) (Filed on 11/14/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EMILIO DEVERA,
Plaintiff,

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ORDER OF DISMISSAL FOR FAILURE
TO PROSECUTE

v.
WESTERN PROGRESSIVE, LLC, et al.,

Re: Dkt. Nos. 22, 24

Defendants.

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United States District Court
Northern District of California

Case No. 3:17-cv-01969-JD

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On May 30, 2017, the Court stayed the case in its entirety and referred the case to the ADR

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Unit’s mortgage program. Dkt. No. 18. Defendants represented that Devera did not participate in

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the scheduled ADR phone call. Dkt. No. 21. On August 11, the Court ordered Devera to show

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cause by September 1. Dkt. No. 22. Devera did not respond. On October 23, the Court issued a

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second order to show cause, due by November 3. Dkt. No. 24. As of November 14, Devera has

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not responded.

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The Court has considered the five factors set forth in Malone v. United States Postal

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Service, 833 F.2d 128, 130 (9th Cir. 1987). The Court finds that notwithstanding the public policy

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favoring the disposition of actions on their merits, the Court’s need to manage its docket and the

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public interest in the expeditious resolution of the litigation require dismissal of this action. In

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light of the plaintiff’s continued failure to respond to the orders to show cause, the Court finds

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there is no appropriate less drastic sanction. This action is dismissed with prejudice pursuant to

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Fed. R. Civ. Pro. 41(b) for plaintiff’s failure to prosecute.

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IT IS SO ORDERED.
Dated: November 14, 2017
______________________________________
JAMES DONATO
United States District Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EMILIO DEVERA,

Case No. 17-cv-01969-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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WESTERN PROGRESSIVE, LLC, et al.,
Defendants.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.

United States District Court
Northern District of California

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That on November 14, 2017, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Emilio Devera
4757 Greer Court
Fremont, CA 94538

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Dated: November 14, 2017

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO

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