Vu et al v. Washington Mutual Bank FA et al

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATION TO DISMISS FOR FAILURE TO PROSECUTE. Signed by Judge Jeremy Fogel on April 20, 2011. (jflc3, COURT STAFF) (Filed on 4/20/2011)

1
2

**E-Filed 4/20/2011**

3
4
5

IN THE UNITED STATES DISTRICT COURT

6

FOR THE NORTHERN DISTRICT OF CALIFORNIA

7

SAN JOSE DIVISION

8

KIM HA VU, et al.,

9

Plaintiffs,

10
11

Case Number 5:10-cv-04000 JF/PSG

v.

ORDER1 ADOPTING REPORT AND
RECOMMENDATION TO DISMISS
FOR FAILURE TO PROSECUTE

WASHINGTON MUTUAL BANK FA, et al.,

12

Defendants.

13
14
15

Plaintiff filed the complaint in this action on September 7, 2010. However, Plaintiff did

16

not appear for scheduled case management conferences on November 23, 2010 and January 4,

17

2011. On February 16, 2011, the Court ordered Plaintiff to show cause why the case should not

18

be dismissed for failure to prosecute. Plaintiff failed to respond to the order. On March 14,

19

2011, Magistrate Judge Paul S. Grewal ordered that the case be reassigned to a United States

20

District Judge, recommending that the case be dismissed for failure to prosecute pursuant to Fed.

21

R. Civ. P. 41(b). No party has objected to the recommendation.

22

Pursuant to 28 U.S.C. § 636(b)(1), Fed. R. Civ. P. 72(b), and Civil L.R. 72-3, this Court

23

concurs with and adopts in its entirety Judge Grewal’s Report and Recommendation.

24

Accordingly, the action will be dismissed for failure to prosecute. The Clerk shall enter

25

judgment and close the file.

26
27
28

1

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

Case No. 05:10-cv-04000 JF/PSG
ORDER ADOPTING REPORT AND RECOMMENDATION TO DISMISS FOR FAILURE TO PROSECUTE
(JFLC3)

1
2

IT IS SO ORDERED.

3

DATED: April 20,2011

__________________________________
JEREMY FOGEL
United States District Judge

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2

Case No. 05:10-cv-04000 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

KIM HA VU, et al.,
Plaintiffs,

12
13
14

Case Number 5:10-cv-04000 JF/PSG
CERTIFICATE OF SERVICE

v.
WASHINGTON MUTUAL BANK FA, et al.,
Defendants.

15
16
17
18
19
20

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 20, 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:

21
22
23
24

Kim Ha Vu
18900 Newsom Avenue
Cupertino, CA 95014
Huy Vu
18900 Newsom Avenu
Cupertino, CA 95014

25
DATED: April 20, 2011

For the Court
Richard W. Weiking, Clerk

26
27

By:
/s/
Diana Munz
Courtroom Deputy Clerk

28
3

Case No. 05:10-cv-04000 JF/PSG
ORDER ADOPTING REPORT AND RECOMMENDATION TO DISMISS FOR FAILURE TO PROSECUTE
(JFLC3)