Durham v. City Of Palo Alto et al
Filing
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ORDER DISMISSING CASE WITH PREJUDICE. Signed by Judge Lucy H. Koh on January 23, 2013. (lhklc1, COURT STAFF) (Filed on 1/23/2013)
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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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CAROL DURHAM,
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Plaintiff,
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v.
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CITY OF PALO ALTO; CRAIG LEE; DOES 1 )
to 10,
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Defendants.
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Case No.: 12-CV-0666-LHK
ORDER DISMISSING CASE WITH
PREJUDICE
Plaintiff Carol Durham (“Plaintiff”) filed her complaint on October 25, 2011, in the
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Superior Court for the County of Santa Clara. Defendants removed this action to the instant court
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on February 10, 2012. ECF No. 1. On November 1, 2012, Defendants filed a motion for summary
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judgment. ECF No. 32. Pursuant to Civil Local Rule 7-3(a), Plaintiff’s opposition to the motion to
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dismiss was due on November 15, 2012. Plaintiff did not file (and, to date, has not filed) an
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opposition or statement of non-opposition to Defendants’ motion for summary judgment.
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In light of Plaintiff’s failure to file an opposition to Defendants’ Motion for Summary
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Judgment, on December 13, 2012, the Court ordered Plaintiff to show cause why this case should
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not be dismissed for failure to prosecute. ECF No. 40 (“OSC”). The Court ordered that Plaintiff
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file a response to the OSC by January 7, 2013. The Court set a hearing on the OSC for January 23,
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2013 at 2:00 P.M. The Court also advised Plaintiff that if Plaintiff failed to respond to the OSC
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Case No.: 11-CV-0666-LHK
ORDER DISMISSING CASE WITH PREJUDICE
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and failed to appear at the January 23, 2013 hearing, Plaintiff’s case would be dismissed with
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prejudice for failure to prosecute.
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Plaintiff did not respond to the OSC. Plaintiff also did not appear at the January 23, 2013
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hearing. Rather, Plaintiff’s ex-husband Mr. William McGee, who is not an attorney, attended the
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hearing. The Court notes that this is not the first time Mr. McGee has appeared on Plaintiff’s
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behalf. Indeed, Plaintiff has missed two of the three case management conferences in this case,
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and Mr. McGee has appeared in her stead. See ECF Nos. 20, 28. At the OSC hearing, Mr. McGee
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stated that Plaintiff wishes to withdraw from the case due to stress.
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In light of Plaintiff’s failure to respond to the OSC and failure to appear at the OSC hearing,
United States District Court
For the Northern District of California
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the Court hereby DISMISSES Plaintiff’s case with prejudice for failure to prosecute. The Clerk
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shall close the file.
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IT IS SO ORDERED.
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Dated: January 23, 2013
_________________________________
LUCY H. KOH
United States District Judge
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Case No.: 11-CV-0666-LHK
ORDER DISMISSING CASE WITH PREJUDICE
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