Amador v. TT Investment Properties, LLC

Filing 12

ORDER OF DISMISSAL. Signed by Judge Hamilton on 10/25/2013. (pjhlc1, COURT STAFF) (Filed on 10/25/2013)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 7 RENE G. AMADOR, Plaintiff, 8 9 v. ORDER OF DISMISSAL TT INVESTMENT PROPERTIES, LLC, 11 For the Northern District of California United States District Court 10 No. C 13-1939 PJH Defendant. _______________________________/ 12 13 Plaintiff Rene G. Amador having failed to appear at a court-ordered case 14 management conference on August 6, 2013; and having been ordered on September 30, 15 2013 to show cause no later than October 7, 2013 why this action should not be dismissed 16 for failure to prosecute; and having failed to comply with the order to show cause, the court 17 finds that the case must be dismissed. 18 The court has considered the five factors set forth in Malone v. United States Postal 19 Service, 833 F.2d 128, 130 (9th Cir. 1987), and finds that notwithstanding the public policy 20 favoring the disposition of actions on their merits, the court's need to manage its docket 21 and the public interest in the expeditious resolution of the litigation require dismissal of this 22 action. In view of plaintiff's lack of response to this court's prior order(s), the court finds 23 there is no appropriate less drastic sanction. Accordingly, this action is dismissed with 24 prejudice pursuant to Fed. R. Civ. pro. 41(b) for plaintiff's failure to prosecute. 25 26 IT IS SO ORDERED. 27 Dated: October 25, 2013 28 ______________________________ PHYLLIS J. HAMILTON United States District Judge

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