Williams v. U.S. Airways et al

Filing 20

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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ANTHONY L. WILLIAMS,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 3:17-cv-05617-JD
ORDER OF DISMISSAL FOR FAILURE
TO PROSECUTE

v.

Re: Dkt. No. 17

U.S. AIRWAYS, et al.,
Defendants.

The defendant filed a motion to dismiss on October 5, 2017. Dkt. No. 12. Williams’s

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response was initially due by October 19. Williams did not file a response but filed a motion to

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remand on October 20. Dkt. No. 15. The Court extended Williams’s deadline to respond to the

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motion to dismiss and advised him that the Court would grant the motion if he failed to timely

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oppose. Dkt. No. 17. As of November 14, Williams has not filed an opposition.

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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 defendant’s motion, the Court finds there

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

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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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ANTHONY L. WILLIAMS,

Case No. 17-cv-05617-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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U.S. AIRWAYS, 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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Anthony L. Williams
2811 Nicole Avenue
#6
Oakland, CA 94602

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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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