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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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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PARKSIDE VENTURES, et al.,
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Plaintiff(s),

No. C 11-3452 PJH

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v.

ORDER OF DISMISSAL

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FEDERAL DEPOSIT INSURANCE
CORPORATION,

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For the Northern DistrictDistrict of California
For the Northern of California

United States District Court
United States District Court

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Defendant(s).
_______________________________/

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The complaint in this matter was filed on July 14, 2011 and a summons was issued

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for defendant. Also on that date, an order scheduling a case management conference was

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filed setting the conference for October 13, 2011. The October date was continued to

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December 8, 2011 by Clerk’s Notice of October 4, 2011, and served on plaintiffs

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electronically by the court’s ECF system. Plaintiffs did not file a case management

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statement as ordered nor did they appear at the conference on December 8, 2011.

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Additionally, it was noted that more than 120 days had passed since the filing of the

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complaint and no certificate of service on the defendant had been filed. Thus, an Order to

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Show Cause (“OSC”) why this matter should not be dismissed for failure to prosecute and

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for failure to serve the defendant was filed on December 8, 2011 and a hearing on the OSC

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was scheduled for December 21, 2011. Plaintiffs were warned in that order that a further

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failure to appear would result in a dismissal of the case.

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Plaintiffs did not appear at the hearing on December 21, 2011, nor did they

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otherwise respond to the OSC. Accordingly, given plaintiffs failure to comply with the

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orders of this court and failure to serve the defendant, the court hereby DISMISSES the

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complaint for failure to prosecute pursuant to Fed. R. Civ. P. 41 and for failure to serve

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pursuant to Fed. R. Civ. P. 4. The Clerk shall close the file.

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IT IS SO ORDERED.

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Dated: December 21, 2011

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_______________________________
PHYLLIS J. HAMILTON
United States District Judge

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For the Northern District of California

United States District Court

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