Parkside Ventures, LLC et al v. Federal Deposit Insurance Corporation

Filing 7

ORDER of Dismissal. Signed by Judge Hamilton on 12/21/2011. (pjhlc2, COURT STAFF) (Filed on 12/21/2011)

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 6 PARKSIDE VENTURES, et al., 7 Plaintiff(s), No. C 11-3452 PJH 8 v. ORDER OF DISMISSAL 9 FEDERAL DEPOSIT INSURANCE CORPORATION, 11 For the Northern DistrictDistrict of California For the Northern of California United States District Court United States District Court 10 Defendant(s). _______________________________/ 12 13 The complaint in this matter was filed on July 14, 2011 and a summons was issued 14 for defendant. Also on that date, an order scheduling a case management conference was 15 filed setting the conference for October 13, 2011. The October date was continued to 16 December 8, 2011 by Clerk’s Notice of October 4, 2011, and served on plaintiffs 17 electronically by the court’s ECF system. Plaintiffs did not file a case management 18 statement as ordered nor did they appear at the conference on December 8, 2011. 19 Additionally, it was noted that more than 120 days had passed since the filing of the 20 complaint and no certificate of service on the defendant had been filed. Thus, an Order to 21 Show Cause (“OSC”) why this matter should not be dismissed for failure to prosecute and 22 for failure to serve the defendant was filed on December 8, 2011 and a hearing on the OSC 23 was scheduled for December 21, 2011. Plaintiffs were warned in that order that a further 24 failure to appear would result in a dismissal of the case. 25 Plaintiffs did not appear at the hearing on December 21, 2011, nor did they 26 otherwise respond to the OSC. Accordingly, given plaintiffs failure to comply with the 27 orders of this court and failure to serve the defendant, the court hereby DISMISSES the 28 complaint for failure to prosecute pursuant to Fed. R. Civ. P. 41 and for failure to serve 1 pursuant to Fed. R. Civ. P. 4. The Clerk shall close the file. 2 IT IS SO ORDERED. 3 Dated: December 21, 2011 4 5 _______________________________ PHYLLIS J. HAMILTON United States District Judge 6 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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