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