Balarezo v. NTH Connect Telecom Inc., et al

Filing 150

ORDER DISMISSING WITH PREJUDICE CLAIMS OF CERTAIN PLAINTIFFS FOR FAILURE TO PROSECUTE. Signed by Judge Jeremy Fogel on 9/20/2010. (jflc2, COURT STAFF) (Filed on 9/23/2010)

Balarezo v. NTH Connect Telecom Inc., et al

Doc. 150

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**E-Filed 9/23/10**

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

VLADIMIR A. BALAREZO, individually and on behalf of others similarly situated, Plaintiff, v. NTH CONNECT TELECOM, INC., AND STEVEN CHEN, Defendants.

Case Number 5:07-cv-05243-JF (PVT) ORDER1 DISMISSING WITH PREJUDICE CLAIMS OF CERTAIN PLAINTIFFS FOR FAILURE TO PROSECUTE

Defendants moved previously pursuant to Federal Rule of Civil Procedure 41(b) to dismiss with prejudice the claims of Plaintiffs Luis Cabrera ("Cabrera"), Abelardo Guerrero ("Guerrero"), Xay Lee ("Lee"), James Morgan ("Morgan"), Jean-Marie Pierre ("Pierre"), Richard Tran ("Tran"), and Henry L. Webb ("Webb"), alleging that these Plaintiffs had failed to attend Court-ordered mediation sessions. In an order dated August 3, 2010, the Court denied Defendant's motion without prejudice and ordered Cabrera, Guerrero, Lee, Morgan, Pierre, Tran, and Webb to show cause why their claims should not be dismissed for lack of prosecution. Plaintiffs were required to respond on or before September 10, 2010 and were advised that

This disposition is not designated for publication in the official reports.

C a s e No. 5:07-cv-05243 JF (PVT) O R D E R DISMISSING WITH PREJUDICE CLAIMS OF CERTAIN PLAINTIFFS FOR FAILURE TO PROSECUTE ( JF E X 1 )

Dockets.Justia.com

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failure to respond could result in the dismissal of their claims with prejudice. (Docket No. 144 at 7:6-11.) Cabrera responded both through a written declaration, (Docket No. 146), and by appearing in person at a hearing held on September 10, 2010, (see Docket No. 149). Cabrera declares that he has participated in each of the "settlement proceedings" that "required [his] attendance." (Docket No. 146.) Cabrera's declaration and appearance establish good cause with respect to why his claim should not be dismissed for lack of prosecution. Guerrero, Lee, Morgan, Pierre, Tran, and Webb have not responded to the order to show cause. Accordingly, the claims of Guerrero, Lee, Morgan, Pierre, Tran, and Webb will be dismissed with prejudice. IT IS SO ORDERED.

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C a se No. 5:07-cv-05243 JF (PVT) O R D E R DISMISSING WITH PREJUDICE CLAIMS OF CERTAIN PLAINTIFFS FOR FAILURE TO PROSECUTE ( JF E X 1 )

DATED: 9/20/10

__________________________________ JEREMY FOGEL United States District Judge

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This Order was served on the following persons: Adam Wang [e-mail], [e-mail], [e-mail] [e-mail], [e-mail] [e-mail], [e-mail],

Grant Andrew Carlson Tomas Eduardo Margain [e-mail] Luis Cabrera 1501 California Avenue San Pablo, CA 94806 Xay Lee 286 Judy Dr. Atwater, CA 95301 James Morgan 5744 Owens Dr. #207 Pleasanton, CA 94588 Jean-Marie Pierre 888 Davis Street #209 San Leandro, CA 94577 Richard Tran 3343 Trebol Lane San Jose, CA 95148 Henry L. Webb 1184 53rd St. Oakland, CA 94608

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C a se No. 5:07-cv-05243 JF (PVT) O R D E R DISMISSING WITH PREJUDICE CLAIMS OF CERTAIN PLAINTIFFS FOR FAILURE TO PROSECUTE ( JF E X 1 )