Sampson v. Lauretta et al

Filing 35

ORDER DISMISSING CASE. Signed by Judge Kandis A. Westmore on January 8, 2013. (kawlc2, COURT STAFF) (Filed on 1/8/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KRISTA SAMPSON,

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Plaintiff,

Case No.: C-4:12-3400 KAW
ORDER DISMISSING CASE

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Northern District of California

United States District Court

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vs.
LISA LAURETTA, et al.,
Defendants.

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Plaintiff Krista Sampson is proceeding in this case without an attorney. On January 3, 2012,

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after Plaintiff failed to file an opposition to Defendants' motion to dismiss, the Court ordered Plaintiff

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to show cause why the case should not be dismissed for failure to prosecute, and to file her

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opposition. The Court warned Plaintiff that if she did not comply with the order, her case would be

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dismissed for failure to prosecute.

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Plaintiff did not comply with the order. Instead, Plaintiff filed a case management statement.

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She stated, without further explanation, that she was ill. As of the date of this order, Plaintiff has not

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filed her opposition to the motion to dismiss.

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The order to show cause discussed above was the third time this Court had ordered Plaintiff to

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show cause regarding her failure to prosecute this case. Plaintiff has twice failed to timely oppose a

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motion to dismiss. Plaintiff did not attend the hearing on the first motion to dismiss. See Standing

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Order for Magistrate Judge Kandis A. Westmore at 5 ("The failure of the opposing party to file a

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memorandum of points and authorities in opposition to any motion shall constitute consent to the

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granting of the motion.").

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Because Plaintiff has not filed an opposition to Defendant's motion to dismiss, and in light of

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Plaintiff's multiple past failures to timely prosecute her case, the case is dismissed for failure to

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prosecute. See Fed. R. Civ. P. 41(b). Judgment shall be entered in favor of Defendants in this case.

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IT IS SO ORDERED.

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DATE: January 8, 2013

_______________________________________
KANDIS A. WESTMORE
UNITED STATES MAGISTRATE JUDGE

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Northern District of California

United States District Court

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