Guzman v. Sheraton Hotel

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATION TO DISMISS FOR FAILURE TO PROSECUTE. Signed by Judge Jeremy Fogel on April 4, 2011. (jflc3, COURT STAFF) (Filed on 4/4/2011)

Guzman v. Sheraton Hotel

Doc. 11

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**E-Filed 4/4/2011**

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ALFONSO GUZMAN, Plaintiff, v. SHERATON HOTEL, Defendant. Case Number 5:09-cv-03217 JF/PSG ORDER1 ADOPTING REPORT AND RECOMMENDATION TO DISMISS FOR FAILURE TO PROSECUTE

Plaintiff filed the complaint in this action on July 15, 2009. However, Plaintiff has not served Defendant. In addition, Plaintiff did not file a case management conference statement or appear for a scheduled case management conference on November 10, 2009. On February 8, 2010, the Court ordered Plaintiff to show cause why the case should not be dismissed for failure to prosecute. Plaintiff failed to respond to the order. On March 3, 2011, Magistrate Judge Paul S. Grewal ordered that the case be reassigned to a United States District Judge, recommending that the case be dismissed for failure to prosecute pursuant to Fed. R. Civ. P. 41(b). No party has objected to the recommendation. Pursuant to 28 U.S.C. § 636(b)(1), Federal Rule of Civil Procedure 72(b), and Civil Local Rule 72-3, this Court concurs with and adopts in its entirety Judge Grewal's Report and Recommendation. Accordingly, the action will be dismissed for failure to prosecute.

This disposition is not designated for publication and may not be cited.

Case No. 05:09-cv-03217 JF/PSG ORDER ADOPTING REPORT AND RECOMMENDATION TO DISMISS FOR FAILURE TO PROSECUTE (JFLC3)

Dockets.Justia.com

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IT IS SO ORDERED. DATED: April 4,2011 __________________________________ JEREMY FOGEL United States District Judge

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Case No. 05:09-cv-03217 JF/PSG ORDER ADOPTING REPORT AND RECOMMENDATION TO DISMISS FOR FAILURE TO PROSECUTE (JFLC3)

1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3
Case No. 05:09-cv-03217 JF/PSG ORDER ADOPTING REPORT AND RECOMMENDATION TO DISMISS FOR FAILURE TO PROSECUTE (JFLC3)

ALFONSO GUZMAN, Plaintiff,

Case Number 5:09-cv-03217 JF/PSG CERTIFICATE OF SERVICE

v. SHERATON HOTEL, Defendant.

I, the undersigned, hereby certify that I am an employee of the Office of the Clerk, United States District Court, Northern District of California. On April 4, 2011, I served a true and correct copy of the attached document to each of the persons hereinafter listed by placing said copy in a postage paid envelope and depositing said envelope in the United States mail, or by placing said envelope in the outgoing mail delivery receptacle located in the Clerk's Office: Alfonso Guzman 2314 Poplar Avenue E. Palo Alto, CA 94303 DATED: April 4, 2011 For the Court Richard W. Weiking, Clerk By: /s/ Diana Munz Courtroom Deputy Clerk