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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 EMILIO DEVERA, Plaintiff, 8 9 10 ORDER OF DISMISSAL FOR FAILURE TO PROSECUTE v. WESTERN PROGRESSIVE, LLC, et al., Re: Dkt. Nos. 22, 24 Defendants. 11 United States District Court Northern District of California Case No. 3:17-cv-01969-JD 12 On May 30, 2017, the Court stayed the case in its entirety and referred the case to the ADR 13 Unit’s mortgage program. Dkt. No. 18. Defendants represented that Devera did not participate in 14 the scheduled ADR phone call. Dkt. No. 21. On August 11, the Court ordered Devera to show 15 cause by September 1. Dkt. No. 22. Devera did not respond. On October 23, the Court issued a 16 second order to show cause, due by November 3. Dkt. No. 24. As of November 14, Devera has 17 not responded. 18 The Court has considered the five factors set forth in Malone v. United States Postal 19 Service, 833 F.2d 128, 130 (9th Cir. 1987). The Court finds that notwithstanding the public policy 20 favoring the disposition of actions on their merits, the Court’s need to manage its docket and the 21 public interest in the expeditious resolution of the litigation require dismissal of this action. In 22 light of the plaintiff’s continued failure to respond to the orders to show cause, the Court finds 23 there is no appropriate less drastic sanction. This action is dismissed with prejudice pursuant to 24 Fed. R. Civ. Pro. 41(b) for plaintiff’s failure to prosecute. 25 26 27 28 IT IS SO ORDERED. Dated: November 14, 2017 ______________________________________ JAMES DONATO United States District Judge 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 EMILIO DEVERA, Case No. 17-cv-01969-JD Plaintiff, 5 v. CERTIFICATE OF SERVICE 6 7 WESTERN PROGRESSIVE, LLC, et al., Defendants. 8 9 10 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 11 12 13 14 15 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. 16 17 18 Emilio Devera 4757 Greer Court Fremont, CA 94538 19 20 Dated: November 14, 2017 21 22 23 Susan Y. Soong Clerk, United States District Court 24 25 26 By:________________________ LISA R. CLARK, Deputy Clerk to the Honorable JAMES DONATO 27 28 2

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