Devera v. Western Progressive, LLC et al

Filing 29

ORDER DISMISSING CASE. ***Civil Case Terminated. Signed by Judge James Donato on 7/9/2018. (jdlc3S, COURT STAFF) (Filed on 7/9/2018)

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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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United States District Court
Northern District of California

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Case No. 3:18-cv-02423-JD
ORDER DISMISSING CASE

v.

Re: Dkt. No. 26
WESTERN PROGRESSIVE, LLC, et al.,
Defendants.
This case is related to an earlier action, Devera v. Western Progressive, LLC, et al., No.

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3:17-cv-01969-JD, which the Court dismissed for failure to prosecute after pro se plaintiff Devera

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did not appear for a scheduled ADR phone call and did not respond to two orders to show cause.

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The complaint in this case is virtually the same as the one filed in the other action.

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An ADR phone conference in this case was scheduled for May 16, 2018, and Devera was

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served with notice of the conference more than two weeks in advance. Dkt. No. 13-1. Devera did

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not appear. The Court ordered Devera to show cause in writing by June 22, 2018 and warned

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Devera that if he failed to respond, the case would be subject to dismissal for failure to prosecute.

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Dkt. No. 26. As of July 9, 2018, the Court has not received any response.

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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. There

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is no appropriate less drastic sanction in light of plaintiff’s failure to respond to the order to show

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cause. This action is dismissed with prejudice pursuant to Fed. R. Civ. Pro. 41(b) for plaintiff’s

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failure to prosecute.

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IT IS SO ORDERED.
Dated: July 9, 2018

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JAMES DONATO
United States District Judge

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United States District Court
Northern District of California

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