Scottsdale Insurance Company v. Mendoza et al

Filing 98

ORDER DISMISSING CASE. Signed by Magistrate Judge Donna M. Ryu on 09/12/2012. (dmrlc1, COURT STAFF) (Filed on 9/12/2012)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 SCOTTSDALE INSURANCE CO, No. C 11-04398 DMR Plaintiff(s), 11 v. ORDER OF DISMISSAL WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE 12 EDUARDO MENDOZA, 13 14 Defendant(s). ___________________________________/ 15 On August 22, 2012, a case management conference was scheduled before this court in the 16 above-entitled case. The only remaining claim in this case is Abitsch & Abitsch, LLC’s cross-claim 17 against Cross-Defendant Litz. [See Docket No. 91.] Defendant Abitsch & Abitsch, LLC and Cross18 Defendant Alan Litz did not appear. The court ordered those parties to show cause in writing why 19 they did not appear at the case management conference and why this action should not be dismissed 20 for their failure to appear. [Docket No. 94.] Abitsch & Abitsch, LLC did not respond to the Order 21 to Show Cause. Therefore, the court dismisses Abisch & Abitsch, LLC’s cross-claim against Cross22 Defendant Litz without prejudice for failure to prosecute. The Clerk is directed to close the case file. 24 u S RT onn Judge D H ER FO a M. Ry NO 28 DONNA M. RYU United States Magistrate Judge LI 27 D RDERE OO IT IS S A Dated: September 12, 2012 26 RT U O IT IS SO ORDERED. 25 S DISTRICT TE C TA R NIA 23 UNIT ED For the Northern District of California United States District Court 10 N F D IS T IC T O R C

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