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)

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