Weil v. Pennsylvania Higher Education Assistance Agency et al
ORDER OF DISMISSAL FOR FAILURE TO PROSECUTE. Signed by Judge yVONNE Gonzalez Rogers on 3/8/18. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 3/8/2018)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
AARON M. WEIL,
United States District Court
Northern District of California
ORDER OF DISMISSAL FOR FAILURE
PENNSYLVANIA HIGHER EDUCATION
On February 13, 2018, this Court ordered plaintiff Aaron M. Weil to show cause why this
case should “not be dismissed for failure to prosecute given the lack of communications with his
lawyer, namely Mark F. Anderson, by February 27, 2018.” (Dkt. No. 53 (emphasis in original).)
Plaintiff failed to respond. On March 6, 2018, this Court held a hearing on the order to show
cause. (Id.) Plaintiff did not appear.
The court having considered the five factors set forth in Malone v. United States Postal
Service, 833 F.2d 128, 130 (9th Cir. 1987), and having determined that notwithstanding the public
policy favoring the disposition of actions on their merits, the court’s need to manage its docket and
the public interest in the expeditious resolution of the litigation require dismissal of this action. In
view of plaintiff's lack of response to this court's prior order(s), the court finds there is no
appropriate less drastic sanction. Accordingly, this action is dismissed without prejudice pursuant
to Fed. R. Civ. Pro. 41(b) for plaintiff's failure to prosecute.
IT IS SO ORDERED.
Dated: March 8, 2018
YVONNE GONZALEZ ROGERS
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?