Davis v. United States of America

Filing 49

ORDER DISMISSING CASE, WITHOUT PREJUDICE, FOR FAILURE TO PROSECUTE. Signed by Judge Lucy H. Koh on 10/19/2011. (lhklc1, COURT STAFF) (Filed on 10/19/2011)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

NORTHERN DISTRICT OF CALIFORNIA

9

SAN JOSE DIVISION

United States District Court
For the Northern District of California

10

LAMAR DAVIS,

11
12
13

Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

14
15
16

)
)
)
)
)
)
)
)
)
)

Case No.: 10-CV-05146-LHK
ORDER DISMISSING CASE,
WITHOUT PREJUDICE, FOR FAILURE
TO PROSECUTE

On August 26, 2011, the Court issued an order granting Mr. Staskus’s motion to withdraw

17

as Plaintiff’s counsel. ECF No. 43. The order stated, “The Court will hold a further Case

18

Management Conference on September 21, 2011, at 2 p.m. If Plaintiff fails to appear at the

19

September 21, 2011 Case Management Conference, the Court will issue an order to show cause

20

why this action should not be dismissed for failure to prosecute.” Id.

21

Prior to the September 21, 2011 case management conference, Mr. John P. Cardosi gave

22

notice to Plaintiff that the case management conference was set for September 21, 2011, and that

23

the Court would issue an order to show cause why the case should not be dismissed for failure to

24

prosecute if Plaintiff failed to appear. See ECF No. 47. Additionally, the Courtroom Deputy left a

25

message at Plaintiff’s telephone number, provided to the Court by Mr. Cardosi, stating the time and

26

place of the September 21, 2011 case management conference. Id.

27
28

On September 21, 2011, the Court held the case management conference. Plaintiff failed to
appear. Id.
1
Case No.: 10-CV-05146-LHK
ORDER DISMISSING CASE, WITHOUT PREJUDICE, FOR FAILURE TO PROSECUTE

1

Accordingly, the Court issued an order to show cause why this case should not be

2

dismissed, without prejudice, for failure to prosecute. Id. Plaintiff had until October 5, 2011, to

3

respond to the order. He did not. The Court held a hearing on the order to show cause on October

4

19, 2011, at 2:00 p.m. in Courtroom 8, 4th floor. Plaintiff failed to appear.

5
6

Accordingly, the Court DISMISSES this case, without prejudice, for failure to prosecute.
The Clerk shall close the file.

7
8

IT IS SO ORDERED.

9

United States District Court
For the Northern District of California

10

Dated: October 19, 2011

_________________________________
LUCY H. KOH
United States District Judge

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2

Case No.: 10-CV-05146-LHK
ORDER DISMISSING CASE, WITHOUT PREJUDICE, FOR FAILURE TO PROSECUTE