Von Haar v. City of Mountain View et al

Filing 55

Order by Hon. Lucy H. Koh granting 50 Motion to Dismiss for Lack of Prosecution.(lhklc3, COURT STAFF) (Filed on 10/27/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
For the Northern District of California

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JODY LYNN VON HAAR,
Plaintiff,
v.
CITY OF MOUNTAIN VIEW, TONY
VIERYA, aka JOSE VIEYRA, TY ZEMLOK,
FERNANDO MALDONADO, Does 1-100,

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Defendants.

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Case No.: 10-CV-02995-LHK
ORDER DISMISSING CASE WITH
PREJUDICE FOR FAILURE TO
PROSECUTE

On September 7, 2011, Plaintiff, with her previous attorney William B. Look, Jr., filed an

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amended notice of voluntary dismissal with prejudice. In light of Mr. Look’s subsequent

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temporary suspension from the practice of law, and this Court’s finding that Mr. Look was in

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contempt of Court, this Court, in an abundance of caution, gave Plaintiff, who is now pro se,

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additional opportunities to prosecute her case.

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On October 27, 2011, the Court held a hearing on Defendants’ Motion to Dismiss with

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Prejudice for Lack of Prosecution, see Dkt. #50, and the Court’s most recent Order to Show Cause

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Why the Case Should Not Be Dismissed for Failure to Prosecute, see Dkt. #44. Plaintiff did not

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file a response to either Defendants’ Motion or the Court’s Order to Show Cause. Plaintiff

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likewise failed to appear at the October 27, 2011 hearing. The Court hereby DISMISSES this

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action with prejudice for failure to prosecute.

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IT IS SO ORDERED.
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Case No.: 10-CV-02995-LHK
ORDER DISMISSING CASE WITH PREJUDICE FOR FAILURE TO PROSECUTE

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Dated: October 27, 2011

_________________________________
LUCY H. KOH
United States District Judge

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United States District Court
For the Northern District of California

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Case No.: 10-CV-02995-LHK
ORDER DISMISSING CASE WITH PREJUDICE FOR FAILURE TO PROSECUTE