Gonzales v. Emeritus Corporation et al

Filing 48

ORDER DISMISSING CASE FOR LACK OF PROSECUTION AND ORDER RE SERVICE. Signed by Judge Alsup. (whalc3, COURT STAFF) (Filed on 11/18/2021)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 10 FLORA GONZALES, Plaintiff, United States District Court Northern District of California 11 12 13 14 No. C 18-06630 WHA v. EMERITUS CORPORATION, et al., Defendants. ORDER DISMISSING CASE FOR LACK OF PROSECUTION AND ORDER RE SERVICE 15 16 A prior order allowed plaintiff counsel to withdraw after many unsuccessful attempts to 17 reach plaintiff since 2020. Plaintiff appeared to have abandoned her case, so the judge granted 18 the motion to withdraw and ordered plaintiff to “appear in person on November 18, 2021, at 19 8:00 AM at the San Francisco Courthouse, 450 Golden Gate Avenue, Courtroom 12 on the 20 19th floor to show cause why her case should not be dismissed for lack of prosecution” (Dkt. 21 44). Plaintiff’s counsel served a copy of the order granting the motion to withdraw and the 22 order to show cause on plaintiff at her last known mailing address and filed a certificate of 23 service prior to the hearing (Dkt. 42). 24 Plaintiff did not appear at the order to show cause hearing. The case was called at 8:00 25 AM and plaintiff was not present. The calendar moved onto the next case and the judge 26 attempted to call plaintiff’s case again around 8:35 AM. Plaintiff was still not present. The 27 case is therefore DISMISSED for failure to prosecute. 28 1 Because plaintiff counsel has withdrawn, defense counsel is hereby ordered to promptly 2 serve a copy of this order on plaintiff at her last known mailing address. Defense counsel must 3 also file a certificate of service within two weeks. Defense counsel shall include a short cover 4 letter explaining that plaintiff’s case has been dismissed based on her failure to appear at the 5 order to show cause hearing. 6 7 IT IS SO ORDERED. 8 9 Dated: November 18, 2021. 10 United States District Court Northern District of California 11 WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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