Givens v. Banner Bank

Filing 65

ORDER DISMISSING THE COMPLAINT. Signed by Judge Elizabeth D. Laporte on 07/15/2019. The deputy clerk hereby certifies that on 07/15/2019, a copy of this order was served by sending it via first-class mail to the address of each non-CM/ECF user listed on the Notice of Electronic Filing. (tmiS, COURT STAFF) (Filed on 7/15/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HELEN THERESA GIVENS,
Plaintiff,

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United States District Court
Northern District of California

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Case No.18-cv-02374-EDL
ORDER DISMISSING THE
COMPLAINT

v.
BANNER BANK,
Defendant.

On February 6, 2019 and February 12, 2019, this court issued a Clerk’s Notice regarding

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the pretrial conference and trial dates. The Clerk’s Notices were sent to Plaintiff’s address of

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record with this Court. On May 13, 2019 the Clerk’s Notices were returned by the Post Office due

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to an improper address for Plaintiff.

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Pursuant to Civil Local Rule 3-11, an attorney or a party proceeding pro se must promptly

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file and serve upon all parties a Notice of Change of Address specifying the new address. Failure

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to do so may result in a dismissal of the complaint. See Civil L.R. 3-11. Plaintiff has never filed a

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change of address with the Court.

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In addition, on September 13, 2018, the Court issued a Case Management and Pretrial

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Order for Jury Trial setting deadlines to serve and file a joint pretrial statement, trial briefs,

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motions in limine, proposed voir dire questions, jury instructions, verdict forms, excerpts from

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discovery that will be offered at trial, an exhibit setting forth the qualifications and experience of

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each expert witness, and a list of each party's exhibits. (Dkt. 43 at 4-7). This Case Management

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and Pretrial Order required counsel and/or parties to serve and file these documents at least twenty

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(20) days prior to the Pretrial Conference. Plaintiff failed to comply with the Case Management

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and Pretrial Order for Jury Trial.

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Based on the foregoing and good cause appearing, the action is DISMISSED without

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prejudice.

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IT IS SO ORDERED.
Dated: July 15, 2019

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ELIZABETH D. LAPORTE
United States Magistrate Judge

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United States District Court
Northern District of California

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