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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ANTHONY L. WILLIAMS, Plaintiff, 8 9 10 United States District Court Northern District of California 11 12 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 13 response was initially due by October 19. Williams did not file a response but filed a motion to 14 remand on October 20. Dkt. No. 15. The Court extended Williams’s deadline to respond to the 15 motion to dismiss and advised him that the Court would grant the motion if he failed to timely 16 oppose. Dkt. No. 17. As of November 14, Williams has not filed an opposition. 17 The Court has considered the five factors set forth in Malone v. United States Postal 18 Service, 833 F.2d 128, 130 (9th Cir. 1987). The Court finds that notwithstanding the public policy 19 favoring the disposition of actions on their merits, the Court’s need to manage its docket and the 20 public interest in the expeditious resolution of the litigation require dismissal of this action. In 21 light of the plaintiff’s continued failure to respond to the defendant’s motion, the Court finds there 22 is no appropriate less drastic sanction. This action is dismissed with prejudice pursuant to Fed. R. 23 Civ. Pro. 41(b) for plaintiff’s failure to prosecute. 24 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 ANTHONY L. WILLIAMS, Case No. 17-cv-05617-JD Plaintiff, 5 v. CERTIFICATE OF SERVICE 6 7 U.S. AIRWAYS, 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 Anthony L. Williams 2811 Nicole Avenue #6 Oakland, CA 94602 19 20 21 Dated: November 14, 2017 22 23 Susan Y. Soong Clerk, United States District Court 24 25 26 27 By:________________________ LISA R. CLARK, Deputy Clerk to the Honorable JAMES DONATO 28 2

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