Weil v. Pennsylvania Higher Education Assistance Agency et al

Filing 57

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)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 AARON M. WEIL, Plaintiff, 8 9 10 United States District Court Northern District of California 11 Case No.17-cv-03306-YGR ORDER OF DISMISSAL FOR FAILURE TO PROSECUTE v. PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY, Defendant. 12 13 On February 13, 2018, this Court ordered plaintiff Aaron M. Weil to show cause why this 14 case should “not be dismissed for failure to prosecute given the lack of communications with his 15 lawyer, namely Mark F. Anderson, by February 27, 2018.” (Dkt. No. 53 (emphasis in original).) 16 Plaintiff failed to respond. On March 6, 2018, this Court held a hearing on the order to show 17 cause. (Id.) Plaintiff did not appear. 18 The court having considered the five factors set forth in Malone v. United States Postal 19 Service, 833 F.2d 128, 130 (9th Cir. 1987), and having determined that notwithstanding the public 20 policy favoring the disposition of actions on their merits, the court’s need to manage its docket and 21 the public interest in the expeditious resolution of the litigation require dismissal of this action. In 22 view of plaintiff's lack of response to this court's prior order(s), the court finds there is no 23 appropriate less drastic sanction. Accordingly, this action is dismissed without prejudice pursuant 24 to Fed. R. Civ. Pro. 41(b) for plaintiff's failure to prosecute. 25 26 27 28 IT IS SO ORDERED. Dated: March 8, 2018 ______________________________________ YVONNE GONZALEZ ROGERS United States District Judge

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